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Session Laws, 1973, Special Session
Volume 710, Page 119   View pdf image
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MARVIN MANDEL, Governor

119

References to trusts and administrative
rules and regulations are added to rectify
an obvious omission in the present statute.
Trusts and administrative proceedings are
frequent subjects of a declaratory
judgment; see also Art. 41, §§ 249 and 250,
a part of the Administrative Procedure Act,
dealing with declaratory judgments as to
certain agency rules and regulations.

The only other changes made are in style.

SEC. 3-407. CONSTRUCTION OF CONTRACTS BEFORE OR AFTER
BREACH.

A CONTRACT MAY BE
BREACH OF THE CONTRACT.

CONSTRUED BEFORE OR AFTER A

REVISOR'S NOTE: This presently appears as Art.
31A, §3. The only changes made are in
style.

SEC. 3-408. PERSONS ENTITLED TO DECLARATION OF RIGHTS
OR LEGAL RELATIONS IN RESPECT TO TRUST OR ESTATE OF
DECEDENT.

ANY PERSON INTERESTED AS OR THROUGH A PERSONAL
REPRESENTATIVE, TRUSTEE, GUARDIAN OR OTHER FIDUCIARY,
CREDITOR, DEVISEE, LEGATEE, HEIR, NEXT OF KIN, OR
BENEFICIARY OF A TRUST, IN THE ADMINISTRATION OF A
TRUST, OR OF THE ESTATE OF A DECEDENT, A MINOR,
DISABLED PERSON, OR INSOLVENT, MAY HAVE A DECLARATION
OF RIGHTS OR LEGAL RELATIONS IN RESPECT TO THE TRUST
OR THE ESTATE OF A DECEDENT IN ORDER TO:

(1)    ASCERTAIN ANY CLASS OF CREDITORS,
DEVISEES, LEGATEES, HEIRS, NEXT OF KIN, OR OTHERS;

(2)    DIRECT THE PERSONAL REPRESENTATIVE,
GUARDIAN, OR OTHER FIDUCIARY OR TRUSTEES TO DO OR
ABSTAIN FROM DOING ANY PARTICULAR ACT IN THEIR
FIDUCIARY CAPACITY; OF

(3)   DETERMINE ANY QUESTION ARISING IN THE
ADMINISTRATION OF THE ESTATE OR TRUST, INCLUDING
QUESTIONS OF CONSTRUCTION OF MILLS AND OTHER WRITINGS.

REVISOR'S NOTE: This section presently appears as
Art. 31A, §4. The term "beneficiary of a
trust" is substituted for "cestui que
trust". It is believed that the former is

 

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Session Laws, 1973, Special Session
Volume 710, Page 119   View pdf image
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