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Session Laws, 1969
Volume 692, Page 28   View pdf image
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28                                     LAWS OF MARYLAND                             [CH. 3

4-202. Duty of person having custody of will; liability.

After the death of a testator, any person having custody of his will
shall immediately deliver such instrument to the Register for the
County in which administration should be had pursuant to Section
5-103. The custodian may, if he desires, also inform any interested
parties of the contents of such will. Any custodian who wilfully fails
or refuses to deliver a will to the Register after being informed of the
death of the testator shall be liable to any person aggrieved for the
damages sustained by reason of such failure or refusal.

Part 3Legatees.

4-301. Who may be a legatee.

Any individual, firm, trust, partnership, unincorporated associa-
tion, corporation, or any governmental body may be a legatee.

Part 4Rules Relating to Legacies.

4-401. Legatee failing to survive testator by 30 days.

A legatee, other than his spouse, who fails to survive the testator
by 30 full days is deemed to have predeceased the testator, unless
the will of the decedent expressly creates a presumption that the
legatee is deemed to survive the testator or requires that the legatee
survive the testator for any stated period in order to take under the
will and the legatee survives for the stated period.

4-402. Presumption that will passes all property; after-acquired
property.

A will is presumed to pass all property which the testator owns
at his death, including property acquired after the execution of the
will.

4-403. Lapse.

Unless a contrary intent is expressly indicated in the will, no legacy
shall lapse or fail of taking effect by reason of the death, subse-
quent to the execution of the will but prior to the death of the
testator, of any legatee who is (i) actually and specifically named
as legatee, (ii) described or in any manner referred to or designated
or identified as legatee in the will, or (iii) a member of any class
in whose favor a legacy is made. Such legacy shall have the same
effect and operation in law to direct the distribution of the property
directly from the estate of the person who owned such property to
those persons, who would have taken if said legatee had died, testate
or intestate, owning the property.

4-404. Void, inoperative, and renounced legacies.

Unless a contrary intent is expressly indicated in the will, any
property failing to pass under a void or otherwise inoperative legacy,
and which is not provided for in Section 4-403, and any property
which is the subject of a renounced legacy, shall be distributed
as part of the estate of the testator to those persons, including
legatees, who would have taken said property if the void, inoperative
or renounced legacy had not existed. Where a legacy to one of


 

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Session Laws, 1969
Volume 692, Page 28   View pdf image
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