HERBERT R. O'CONOR, GOVERNOR. 1525
that the donee or grantee thereby releases, surrenders
or gives up such power to the extent specified, and
shall be valid and effective with or without consideration
or the acknowledgment or seal of such donee or grantee,
guardian or legal representative, and shall be irrevocable
if the original or duplicate original of the written instru-
ment is delivered by or for such donee or grantee, guardian,
or legal representative as provided in any one of the fol-
lowing subdivisions:
(1) Where the property subject to such power is held
by or for one or more trustees, executors, administrators
or other fiduciaries, delivery thereof may be made to any
such fiduciary other than such donee or grantee.
(2) Where the power is created by will or codicil, de-
livery may be made to the Register of Wills of the County
or Baltimore City where said will or codicil was probated
or recorded.
(3) Where the instrument creating the power is record-
ed among the Land Records or Chattel Records of the Cir-
cuit Court for any County or the Superior Court of Balti-
more City, delivery may be made to the Record Office where
the instrument creating said power is recorded.
(4) Delivery may be made to any person who would
receive an interest in the property described in such written
instrument if such donee or grantee should die at the time
of such delivery without exercising such power.
(5) Delivery may be made to any person who might
under any possibility be affected adversely by an exercise
of the power.
Provided, however, that no such written instrument exe-
cuted and delivered in accordance with subparagraphs (1),
(4) or (5) above shall be effective unless the instrument
releasing the power as hereinabove authorized shall have
been within ninety days after the execution thereof, or
after the effective date of this act, whichever shall be later,
delivered either (a) to the Register of Wills of the county
or Baltimore City where the will or codicil creating such
power was probated or recorded, if such power was created
by will or codicil, or (b) to the proper officer for recording
among the Land or Chattel Records of the Circuit Court for
the county or the Superior Court of Baltimore City where
, the deed or instrument creating such power may have been
recorded, or (e) if the instrument creating the power is not
recorded in Maryland, then to the Clerk of the Superior
Court of Baltimore City, or to the Clerk of the Circuit
Court of the County wherein any property affected may be
situated.
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