122                                          LAWS OF MARYLAND                          [Ch. 11

(Y) USE TITLE "EXECUTOR" OR "ADMINISTRATOR."

IF THE DECEDENT DIED TESTATE, HE MAY DESIGNATE
HIMSELF ON DOCUMENTS AS AN EXECUTOR, OR IF THE DECEDENT
DIED INTESTATE, AS AN ADMINISTRATOR.

(Z) MAKE DISTRIBUTION.

HE MAY MAKE PARTIAL AND FINAL DISTRIBUTIONS, IN
CASH, IN KIND, OR BOTH, FROM TIME TO TIME DURING THE
ADMINISTRATION.

REVISOR'S NOTE: This section presently appears as
Art. 93, §7-401. A subsection is added for
organizational purposes. It is intended that
each of the lettered subsections be considered
as a subsection in its entirety. The
subsections are rearranged for consistency.
The only other changes are in language, style,
and consistency.

7-402. PERMISSION OF COURT TO ACT.

THE PERSONAL REPRESENTATIVE MAY PETITION THE COURT
FOR PERMISSION TO ACT IN ANY MATTER RELATING TO THE
ADMINISTRATION OF THE ESTATE. THE COURT MAY PASS ANY
ORDER IT CONSIDERS PROPER.

REVISOR'S NOTE: This section presently appears as
Art. 93, §7—402. Certain duties specified in
§7—402 are proposed for deletion because a
personal representative has these powers
pursuant to §7-401. The only other changes
are in language, style, and consistency.

7-403. IMPROPER EXERCISE OF POWER; BREACH OF FIDUCIARY
DUTY.

IF THE EXERCISE OF POWER CONCERNING THE ESTATE IS
IMPROPER, THE PERSONAL REPRESENTATIVE IS LIABLE FOR
BREACH OF HIS FIDUCIARY DUTY TO INTERESTED PERSONS FOR
RESULTING DAMAGE OR LOSS TO THE SAME EXTENT AS A TRUSTEE
OF AN EXPRESS TRUST. THE EXERCISE OF POWER IN VIOLATION
OF A COURT ORDER, OR CONTRARY TO THE PROVISIONS OF THE
WILL MAY BE A BREACH OF DUTY. THE RIGHTS OF PURCHASERS
AND OTHERS DEALING WITH A PERSONAL REPRESENTATIVE ARE
DETERMINED AS PROVIDED IN §7-404 AND ARE NOT NECESSARILY
AFFECTED BY THE FACT THAT THE PERSONAL REPRESENTATIVE
BREACHED HIS FIDUCIARY DUTY IN THE TRANSACTION.

REVISOR'S NOTE: This section presently appears as
Art. 93, §7-403. The only changes are in
style.