|
Passed Mar 12, 1829
Proceedings in
case of relinquish-
ment of trust, &c
|
Sec. 1. Be it enacted by the General Assembly of Ma-
ryland, That in all cases where two or more trustees have
been, or shall be appointed by last will, to execute any trust,
with power, on the death of one or more of such trustees,
to the survivors or survivor, to execute such trust, or to sell
or dispose of and convey any lands, hereditaments or other
property, or any estate or interest therein devised to them
jointly, if any one or more of such trustees, shall, in writ-
ing, signed by him or them, and attested by a witness, re-
linquish or disclaim such trust, or refuse to act as a trustee
under such will, and deliver such writing to the register
of wills having charge of the said will to be recorded, the
right of such trustee or trustees so relinquishing, disclaim-
ing or refusing to act, shall thereupon cease and be forever
determined; and the remaining trustee or trustees, who shall
assent to get, shall be as fully empowered and entitled to
execute the trusts under such will, and to make all deeds,
and do all other acts necessary for that purpose, as if the
trustee or trustees so relinquishing, disclaiming, or refus-
ing to act, had died, and the trustee or trustees assenting
to act had survived him or them; and no such relinquish-
ment, disclaimer, or refusal to act, by any trustee, shall be
construed to release or injure his right or claim to any de-
vise, legacy or bequest, devised or bequeathed to him in
or by such will for his own use, unless such devise, legacy
or bequest, shall be expressly declared in the will to be as
a compensation for his services in acting as trustee.
|
|