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Session Laws, 1969
Volume 692, Page 25   View pdf image
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MARVIN MANDEL, Governor                            25

the decedent's estate, except that any interest renounced by the
surviving spouse and not included in the share of the net estate
received by the surviving spouse under this Section may be subject
to the equitable principle of sequestration for the benefit of individuals
who are the natural objects of the decedent's bounty, in order to
avoid a substantial distortion of the testator's intended dispositions.

Part 3Statutory Share of Pretermitted Child and Issue.

3-301. When entitled.

No will shall be revoked by the subsequent birth, adoption or
legitimation of a child by the testator except under the circumstances
referred to in Section 4-105 (c). Such child, or the issue (if any,
who survive the testator) of any such child who does not survive
the testator, shall, however, be entitled to a share in the estate to be
determined and paid in accordance with Sections 3-302 and 3-303 if:

(a)    the will contains a legacy for a child of the testator but makes
no provision for a person who becomes a child of the testator sub-
sequent to the execution of the will;

(b)    such child was born, adopted or legitimated subsequent to
the execution of the will;

(c)    such child, or his issue, survives the testator; and

(d)    the will does not expressly state that such child, or issue,
should be omitted.

3-302. Amount of share.

Any child permitted to share in the estate of a decedent pursuant
to Section 3-301 shall receive from the personal representative an
amount equal to the lesser of (i) the distribution which such child
would, have taken in the event of intestacy or (ii) the value of all
legacies to children of the testator and issue of deceased children
divided by the total number of children of the testator who survive
him and children leaving issue who take hereunder, including the
pretermitted child. The issue of a pretermitted child who did not
survive the testator shall take such amount by representation.

3-303. Payment.

Property distributed pursuant to Section 3-302 shall be paid by
the personal representative from the legacies of children of the
testator and issue of deceased children who take by representation;
and each such person shall contribute in the proportion which his
legacy bears to all legacies of children of the testator and issue of
deceased children taking by representation. In lieu of contributing
(or having contributed on his behalf) an interest in specific
property to such pretermitted child, a legatee may pay to the pre-
termitted child or his issue, in cash (or other property acceptable to
such pretermitted child or his issue), an amount equal to the fair
market value of such interest in specific property as of the date of
death of the testator.


 

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Session Laws, 1969
Volume 692, Page 25   View pdf image
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