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Session Laws, 1969
Volume 692, Page 73   View pdf image
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MARVIN MANDEL, Governor                            73

SUBTITLE XI

MISCELLANEOUS RULES AFFECTING DECEDENTS'
ESTATES AND TESTAMENTARY AND NON-TESTAMENTARY

TRANSFERS

11-101. Indestructibility of contingent remainders.

Any contingent remainder arising under any will or inter vivos
transfer shall be capable of taking effect, notwithstanding the de-
termination of any preceding estate of freehold, in the same manner
and in all respects as if such determination had not happened; and
it shall not be necessary to appoint trustees to support such contin-
gent remainder in order to prevent the destruction thereof.

11-102. Perpetuitiesexceptions.

Subject to Sections 4-409 and 11-103, the common law rule against
perpetuities as now recognized in this State shall be preserved, but
such rule shall not apply to the following:

(a)    Cemetery perpetual care. A legacy or inter vivos conveyance
having a value of $5,000 or less, or of any burial lot of any value, in
trust or otherwise, for the purpose of providing for the perpetual care
or keeping in good order and condition, or making repairs to, any lot,
vault, mausoleum or other place of sepulture belonging to any in-
dividual or several individuals in any cemetery or graveyard, the
lots in which are intended for the burial of members of the family,
family connections, relatives or friends of the owners thereof, or their
successors in ownership.

(b)    Transfer from charitable corporation on contingency. A
legacy or inter vivos conveyance intended to transfer assets from
any corporation incorporated for charitable objects, to any other
charitable corporation on a contingency or future event.

(c)    Employees' pension, stock bonus, etc. trust. A trust hereto-
fore or hereafter created by an employer as part of a pension, stock
bonus, disability, death benefit, profit-sharing, retirement, welfare
or other plan for the exclusive benefit of some or all of the employees
of such employer or their beneficiaries, to which contributions are
made by the employer or employees, or both the employer and
employees, for the purpose of making distributions to or for the
benefit of employees or their beneficiaries out of the income or
principal or both the income and principal of such trust, or for
any other purposes set out in such plan.

(d)    Trust for charitable purposes. A trust for charitable pur-
poses, which shall include all such purposes as are within the spirit
or letter of the statute of 43 Elizabeth Ch. 4 (1601), commonly
known as the statute of charitable uses.

11-103. Perpetuitieslimitations on application of common law
rule.

(a) In applying the rule against perpetuities to an interest
limited to take effect at or after the termination of one or more life
estates in, or lives of, persons in being when the period of said rule
commences to run, the validity of the interest shall be determined