1032                               Laws of Maryland                        [Ch. 349

5-113. Effect of use of terms "die without issue" or "die without
leaving issue" or "have no issue".

In any deed of any real or personal estate, the words "die with-
out issue," or "die without LEAVING issue," or "have no issue" or
any other words which may import either a want or a failure of issue
of any person in his lifetime, or at the time of his death, or an indefi-
nite failure of his issue, shall be construed to mean a want or
failure of issue in the lifetime, or at the time of the death of such
person, and not an indefinite failure of his issue, unless a contrary
intention shall appear by the deed.

5-114. Title to street or highway where land binding thereon is
conveyed.

Any deed, will, or other instrument which conveys land in this
State, binding on any street or highway, or when any street or
highway shall be one or more of the lines thereof, shall be construed
to pass to the devisee, donee or grantee therein, all the right, title,
and interest of the devisor, donor, or grantor in the street or high-
way; provided, however, to the extent the devisor, donor or grantor
owns other land on the opposite side of the street or highway, then
the deed, will, or other instrument shall be construed to pass the
right, title, and interest of the devisor, donor, or grantor only to
the center of that portion of the street or highway upon which the
two (or more) tracts coextensively bind. The foregoing provisions
shall be inapplicable in either of the above instances if the de-
visor, donor or grantor shall in express terms in the writing by
which the devise, gift or conveyance is made, reserve to himself
all the right, title and interest to the said street or highway.

5-115. No implied covenant or warranty by a grantor or lessor.

There shall be no implied covenant or warranty by the grantor
as to title or possession in any grant of land or of any grant of an
interest or estate in land except that in any lease, unless the lease
provides otherwise, there shall be an implied covenant by the lessor,
his personal representatives and assigns that the lessee, his personal
representatives and assigns shall quietly enjoy said land.

5-116. Statute of Uses—passive trusts.

Passive trusts executed; inapplicable to security instruments, ex-
ecutory interests and powers of appointment.

(a)    A conveyance, deed, covenant, devise or bequest of any
property, including an interest in land, to a trustee whose title is
nominal only, and who has no power of disposition or management
of such property, is void as to the trustee, and shall be deemed a
direct conveyance, deed, covenant, devise or bequest to the benefi-
ciary.

(b)    This section shall not be applicable to any deed of trust
given as security for the payment of a debt or the performance of
an obligation.

(c)    Notwithstanding the repeal of the British Statute of Uses
as it had been in force in Maryland, executory interests and powers
of appointment shall be valid in Maryland, subject to the Rule
Against Perpetuities as now or hereafter in force in Maryland.