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Session Laws, 1974
Volume 713, Page 228   View pdf image
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228                                          LAWS OF MARYLAND                          [Ch. 11

SATISFACTION OF HIS SECURITY INTEREST, IN WHOLE OR IN
PART, IF THE ACT APPEARS TO BE IN THE BEST INTEREST OF
THE FIDUCIARY ESTATE.

(V) RELEASE MORTGAGE.

HE MAY RELEASE OR TERMINATE ANY MORTGAGE OR SECURITY
INTEREST, II THE OBLIGATION SECURED BY THE MORTGAGE OR
SECURITY INTEREST HAS BEEN FULLY SATISFIED.

[[(W) TENANTS BY ENTIRETIES INTEREST OF A
GUARDIAN. ]]

(W) EXERCISE BY GUARDIAN OF INTER VIVOS POWERS.

A GUARDIAN MAY EXERCISE ANY INTER VIVOS POWER WHICH
THE MINOR OR DISABLED PERSON COULD HAVE EXERCISED UNDER
AN INSTRUMENT, INCLUDING THE POWER TO SELL, MORTGAGE, OR
LEASE.

REVISOR'S NOTE: This section is derived from
Maryland Rule V77 and Art. 93A, §213. It
repeats the substance of the previsions
contained in the Rule and statute. It does
not apply to powers of personal
representatives, which are governed by § 7—401
of this article. The only substantive change
is the repeal of the power of a guardian who
owns property as a tenant by the entirety with
the spouse of the disabled person to sell the
property without the consent of the spouse.
The Commission feels that such a power is
inconsistent with a tenancy by the entirety.
Subsection (w) is derived from Art. 16, §147,
which had been repealed by Ch. 4 of the Laws
of 1969. It had been intended that §213 of
Art. 93A would give the guardian the power set
forth in old Art. 16, §147, but because some
question has been raised about this issue,
subsection (w) has been added to clarify the
point.

15-103. SECURITIES UNDER REORGANIZATION.

(A) WHO MAY ACCEPT AND DISPOSE OF SECURITIES.

WHENEVER ANY SECURITIES ARE DEPOSITED OR EXCHANGED,
OR TENDERED FOR DEPOSIT OR EXCHANGED BY ANY FIDUCIARY
UNDER ANY REORGANIZATION AGREEMENT OR PLAN OF
REORGANIZATION, ANY COMMITTEE FORMULATING, PROPOSING, OR
CARRYING OUT ANY PLAN OR SOLICITING DEPOSITS OR EXCHANGES
UNDER ANY AGREEMENT OR PLAN, ANY DEPOSITARY WITH OR
THROUGH WHICH THE DEPOSIT OR EXCHANGE OF ANY SECURITIES
MAY BE MADE, SOLICITED, REQUESTED OR PERMITTED, AND ANY

 

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Session Laws, 1974
Volume 713, Page 228   View pdf image
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