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Session Laws, 1945
Volume 589, Page 802   View pdf image (33K)
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802 LAWS OF MARYLAND. [CH. 724

and other legal relations whether or not further relief is
or could be claimed. No action or proceeding shall be open
to objection on the ground that a declaratory judgment
or decree is prayed for. The declaration may be either
affirmative or negative in form and effect; and such dec-
larations shall have the force and effect of a final judgment
or decree.

2. (Power to Construe, etc. ) Any person interested
under a deed, will, written contract or other writings con-
stituting a contract, or whose rights, status or other legal
relations are affected by a statute, municipal ordinance,
contract or franchise, may have determined any question
of construction or validity, arising under the instrument,
statute, ordinance, contract, or franchise and obtain a
declaration of rights, status or other legal relations there-
under.

3. (Before Breach. ) A contract may be construed
either before or after there has been a breach thereof.

4. (Executor, etc. ) Any person interested as or
through an executor, administrator, trustee, guardian or
other fiduciary, creditor, devisee, legatee, heir, next of kin,
or cestui que trust, in the administration of a trust, or of
the estate of a decedent, an infant, lunatic or insolvent,
may have a declaration of rights or legal relations in re-
spect thereto;

(a) To ascertain any class of creditors, devisees, lega-
tees, heirs, next of kin or others; or

(b) To direct the executors, administrators, or trustees
to do or abstain from doing any particular act in their
fiduciary capacity; or

(c) To determine any question arising in the adminis-
tration of the estate or trust, including questions of con-
struction of wills and other writings.

5. (Enumeration Not Exclusive. ) The enumeration in
Sections 2, 3, and 4 does not limit or restrict the exercise
of the general powers conferred in Section 1, in any pro-
ceeding where declaratory relief is sought, in which a judg-
ment or decree will terminate the controversy or remove
an uncertainty.

6.. (Discretionary. ) Relief by declaratory judgment or
decree may be granted in all civil cases in which an actual
controversy exists between contending parties, or in which
the court is satisfied that antagonistic claims are present
between the parties involved which indicate imminent and

 

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Session Laws, 1945
Volume 589, Page 802   View pdf image (33K)
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