MARVIN MANDEL, Governor
(B) PRESUMPTIONS.

25

UNLESS OTHERWISE EXPRESSLY PROVIDED, WHENEVER THE
ESTATES OF DECEDENTS LAW STATES THAT A FACT IS PRESUMED,
THE PRESUMPTION IS REBUTTABLE.

REVISOR'S NOTE: This section presently appears as
Art. 93, § 1-105. The severability provision
of this section is proposed for deletion
because it is covered by Art. 1, §23. The
only other changes are in language and style.

SUBTITLE 2. DETERMINING RELATIONSHIP.
1-201. APPLICATION OF RULES.

IN THE ABSENCE OF EXPRESS LANGUAGE TO THE CONTRARY,
THE RULES OF CONSTRUCTION CONTAINED IN THIS SUBTITLE
SHALL BE APPLIED IN CONSTRUING ALL PROVISIONS OF THE
ESTATES OF DECEDENTS LAW AND THE TERMS OF A WILL.

REVISOR'S NOTE: This section presently appears as
Art. 93, § 1-201. A change is made in
terminology.

1-202. SURVIVING SPOUSE.

(A)

VALID DIVORCE.

NO PERSON WHO IS VALIDLY DIVORCED A      VINCULO

MATRIMONII FROM THE DECEDENT OR WHOSE MARRIAGE     TO THE

DECEDENT HAS BEEN VALIDLY ANNULLED IS A SURVIVING   SPOUSE.

(B) DIVORCE IN ANOTHER STATE.

NO PERSON WHO HAS VOLUNTARILY APPEARED IN A
PROCEEDING IN WHICH AN A VINCULO MATRIMONII DIVORCE
BETWEEN THE DECEDENT AND THE SURVIVOR, OR AN ANNULMENT OF
THEIR MARRIAGE WAS OBTAINED, EVEN THOUGH NOT RECOGNIZED
AS VALID IN THIS STATE, IS A SURVIVING SPOUSE. THIS
SUBSECTION DOES NOT APPLY IF THE PARTIES TO THE DIVORCE
OR ANNULMENT SUBSEQUENTLY RE-MARRY EACH OTHER.

(C)   MARRIAGE TO A THIRD PARTY.

NO PERSON WHO PARTICIPATES   IN      A MARRIAGE CEREMONY

WITH A THIRD PERSON, AFTER      A     DECREE OR JUDGMENT OF

DIVORCE OR ANNULMENT OBTAINED     BY      THE DECEDENT, IS A
SURVIVING SPOUSE.

(D)    NO PERSON WHO HAS BEEN CONVICTED OF BIGAMY
WHILE MARRIED TO THE DECEDENT IS A SURVIVING SPOUSE.

REVISOR'S NOTE: This section presently appears as