TESTAMENTARY LAW 3497

An. Code, 1924, sec. 339. 1912, sec. 330. 1904, sec. 323. 1888, sec. 316. 1888, ch. 249.

345. Every devise and bequest purporting to be of all real and personal
property belonging to the testator shall be construed to include also all
property over which he has a general power of appointment, unless the
contrary intention shall appear in the will or codicil containing such devise
or bequest.

Where deeds of leasehold property were executed, reserving to grantor life estate,
and gave him power to dispose of the property, held that the deeds should supersede
the will which had been previously executed, since the design of the grantor was plainly
apparent. Gassinger v. Thillman, 160 Md. 196.

Under will giving husband life estate in all her property, with full power to sell and
convey absolutely or by way of mortgage or lease, any or all of her property and to
reinvest the proceeds in his discretion, held that husband had power to sell or mortgage
in fee simple. Reeside v. Annex Bldg. Assn., 165 Md. 208.

Donee is presumed to have intended to exercise power of appointment by his will
unless contrary intention appears in will itself. Art Students' League of N. Y. v. Hinkley,
31 Fed. (2nd), 469.

Cited but not construed in Cowman v. Classen, 156 Md. 444.

This section held to apply to wills containing devises or bequests which, considered
together, purport to exhaust the testator's property. Merwin v. Carroll, 171 Md. 346.

Where decedent died, insolvent, leaving will disposing of all his property, held that
absolute estate in remainder, on death of his mother, left to him by his father, was
subject to claims of creditors, after widow's dower. Seligman v. Benesch, Daily Record,
Dec. 21, 1939.

This section applied. Appointee takes title directly from donor in same manner as
if the power and the instrument executing it had been incorporated in one instrument.
Prince de Beam v. Winans, 111 Md. 469.

This section applies only to wills. How power may be validly exercised. Title upheld.
Farlow v. Farlow, 83 Md. 122. And see Mines v. Gambrill, 71 Md. 35.

This section not relied upon because the will was a formal execution of the power.
Cherbonnier v. Bussey, 92 Md. 425.

This section has no retroactive effect; law prior thereto. Thom v. Thom, 101 Md.
452; Cooper v. Haines, 70 Md. 283; Balls v. Dampman, 69 Md. 393; Krieg v. McComas,
126 Md. 382.

An. Code, 1924, sec. 340. 1912, sec. 331. 1904, sec. 324. 1894, ch. 438, sec. 316A.

346. In all wills hereafter executed, the real estate of every testator
not specifically devised shall be chargeable with the payment of pecuniary
legacies, wherever the personal estate after the payment of debts shall
prove to be insufficient, unless the contrary intention shall clearly appear.

This section means that all the real estate of any testator, except that which is
specifically devised, shall be chargeable, etc. Since the passage of this section an im-
plied power to sell founded upon supposed necessity for a sale by executors in order
to effectuate legacies cannot be urged with same force as prior thereto. The sale under
this section cannot be made by executors, but must be made by legatees. A will held
to show no "contrary intention." St. John's Church v. Deppoldsman, 118 Md. 244.

A bequest of $2,000 in trust held to be a charge or lien upon a farm. Distinction
between general and specific bequests; devise Reid general. Bristol v. Stump, 136 Md. 238.

Under wills executed prior to adoption of this section, personal estate is primary
fund for payment of legacies, and they are never charged upon real estate unless such
an intention is manifest; such intention held not to be shown. Pearson v. Wartman,
80 Md. 531.

This section has no retroactive operation; law prior thereto. Ewell v. McGregor,
96 Md. 359.

Even though conversion occurred, interest of testatrix held interest in realty which
passed under this section, will speaking as of date of death. Gilmer v. Aldridge, 154
Md. 637.

An. Code, 1924, sec. 341. 1912, sec. 332. 1904, sec. 325. 1888, sec. 317. 1862, ch. 161.

347. In any devise or bequest of real or personal estate, the words
"die without issue," or "die without leaving issue," or any other words
which may import either a want or a failure of issue of any person in his
lifetime, or at the time of his death, or an indefinite failure of his issue,
shall be construed to mean a want or failure of issue in the lifetime, or at