76                                     LAWS OF MARYLAND                             [CH. 3

controlling instrument, in terms of the maximum marital deduction
allowable under such tax law, such definitions shall not be construed
as a direction by the decedent to the fiduciary to exercise any election
respecting the deduction of estate administration expenses or the
determination of the estate tax valuation date, which the fiduciary
may have under such tax law, only in such manner as will result in
a larger allowable estate tax marital deduction than if the contrary
election had been made.

11-107. Distribution in kind, using federal estate tax values.

Whenever a will or other governing instrument (i) specifically
authorizes a fiduciary to satisfy a legacy or transfer by selection and
distribution of assets in kind and (ii) provides that the value of the
assets to be so distributed shall be determined by reference to their
value for purposes of payment of federal estate taxes, the fiduciary
shall distribute assets, including cash, having an aggregate fair
market value at the date or dates of distribution amounting to no less
than the amount of such legacy or transfer as finally determined
for federal estate tax purposes unless the will or other governing
instrument expressly directs otherwise.

11-108. Release of powers of appointment.

(a)    Unless the instrument creating a power of appointment ex-
pressly provides to the contrary, such power may be wholly or
partially released as to all or any portion of the assets subject
thereto by an instrument signed by the person holding the power
and attested by two witnesses. If such person is a minor or is other-
wise under disability, a release pursuant to this Section may be
exercised by order of the court having jurisdiction of the person or
property of the individual under disability. A release pursuant to this
Section shall identify the instrument creating the power of appoint-
ment; the place such instrument was recorded or admitted to pro-
bate; a statement of the extent to which the power is released; and
any limitation which the release, if partial, places upon the per-
sons, objects or classes thereof in whose favor the power would other-
wise be exercisable. Such release, whether or not for consideration
or under seal, after delivery as provided in subsection (b), shall be
irrevocable from and after the time that it is delivered.

(b)    A release pursuant to subsection (a) shall be delivered—

(i) to the Register of the County in which the will creating the
power of appointment was admitted to probate or recorded; or

(ii) to the Clerk of the appropriate court for recordation among
the land records of any County in which the instrument creating
the power of appointment has been recorded; or

(iii) in the case of all instruments creating powers of appoint-
ment which are not recorded, to the person making the instrument
which creat