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Session Laws, 1974
Volume 713, Page 139   View pdf image
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MARVIN MANDEL, Governor                                    139

THE COUNTY IN WHICH THE WILL IS ADMITTED TO PROBATE
BEFORE HE RECEIVES PROPERTY OR PERFORMS AN ACT PURSUANT
TO THE TRUST.

(B) EFFECT.

UNLESS THE BILL PROVIDES OTHERWISE, THE TRUST SHALL
THEREAFTER BE ADMINISTERED AS IF THE TRUSTEE HAD NOT BEEN
APPOINTED. THE RENUNCIATION [[DOES NOT]] SHALL NOT BE
CONSTRUED TO RELEASE OR IMPAIR THE FIGHT OF THE PERSON TO
A LEGACY UNDER THE WILL BY WHICH HE WAS APPOINTED
TRUSTEE, UNLESS THE LEGACY IS EXPRESSLY DECLARED IN THE
WILL TO BE COMPENSATION FOR HIS SERVICES AS TRUSTEE.

(C) APPLICATION OR RULES.

UNLESS THE WILL PROVIDES OTHERWISE, IN ALL CASES NOT
PROVIDED FOR IN THIS SECTION, A TRUSTEE MAY RENOUNCE OR
RESIGN HIS TRUST ONLY IN ACCORDANCE WITH THE MARYLAND
RULES.

REVISOR'S NOTE: This section presently appears as
Art. 93, §9-102. It is divided into three
subsections for organizational purposes. See
also §14-103 with respect to resignation by a
trustee. The only other changes are in
language and style.

9-103. ORDER IN WHICH ASSETS APPROPRIATED; ABATEMENT.

(A)   DEFINITION.

AS USED IN THIS SECTION "LEGACY" OR "LEGACIES" MAY
NOT INCLUDE ASSETS PASSING BY THE EXERCISE OF THE
DECEDENT OF A TESTAMENTARY POWER OF APPOINTMENT.

(B)   GENERAL RULES.

UNLESS A CONTRARY INTENT IS EXPRESSED IN THE WILL
AND EXCEPT AS PROVIDED IN §§3-208, 3-303, AND SUBSECTION
(C) OF THIS SECTION, SHARES OF LEGATEES ABATE WITHOUT
PREFERENCE OR PRIORITY AS BETWEEN REAL AND PERSONAL
PROPERTY, IN THE ORDER PROVIDED IN THIS SUBSECTION.

(1)   PROPERTY NOT DISPOSED OF BY THE WILL,

(2)   RESIDUARY LEGACIES,

(3)    GENERAL LEGACY, OTHER THAN (4), (5), AND
(6) OF THIS SUBSECTION.

(4)   GENERAL LEGACY TO DEPENDENTS OF TESTATOR,

(5)   GENERAL LEGACY TO CREDITOR OF TESTATOR IN

 

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Session Laws, 1974
Volume 713, Page 139   View pdf image
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