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262 LAWS OF MARYLAND [Ch. 12
of §1-103. The only other changes are in
style.
2-116. PASSIVE TRUSTS EXECUTED; SECTION INAPPLICABLE TO
SECURITY INSTRUMENTS; EXECUTORY INTERESTS AND POWERS OF
APPOINTMENT VALID.
(A) PASSIVE TRUST EXECUTED - TRUSTEE WITH NOMINAL
DUTIES.
IF A GRANT, DEED, COVENANT, OR BEQUEST OF ANY
[[REAL]] LAND OR PERSONAL PROPERTY IS TO A TRUSTEE WHOSE
TITLE IS NOMINAL ONLY AND WHO HAS NO EXPRESS POWER OF
DISPOSITION OR MANAGEMENT OF THE PROPERTY, AND IS TO BE
HELD FOR A BENEFICIARY EXPRESSLY DESIGNATED IN IT, THE
GRANT, DEED, COVENANT, OR BEQUEST IS VOID AS TO THE
TRUSTEE, AND IS A DIRECT GRANT, DEED, COVENANT, OR
BEQUEST TO THE BENEFICIARY.
(B) PASSIVE TRUST EXECUTED - TRUSTEE WHOSE DUTIES
BECOME NOMINAL.
IF A TRUST IS CREATED BY GRANT, DEED, COVENANT, OR
BEQUEST OF ANY [[REAL]] LAND OR PERSONAL PROPERTY IN
WHICH THE TRUSTEE HAS DUTIES OTHER THAN NOMINAL TO
PERFORM AT THE INCEPTION OF OR DURING THE TERM OF THE
TRUST, BUT LATER BECAUSE OF THE DEATH OF A LIFE TENANT OR
OTHER OCCURRENCE THE TRUST TERMINATES OR THERE REMAINS
ONLY NOMINAL DUTIES TO PERFORM, THE LEGAL ESTATE IN THE
CORPUS OF THE TRUST THEN VESTS IN THE BENEFICIARIES OF
THE TRUST, EVEN THOUGH THE INSTRUMENT CREATING THE TRUST
SPECIFICALLY REQUIRES A GRANT OF THE LEGAL ESTATE, UNLESS
THE TRUSTEE IS REQUIRED TO MAKE PARTITION OR DIVISION BY
THE TERMS OF THE CREATING INSTRUMENT.
(C) INAPPLICABILITY TO SECURITY INSTRUMENTS.
THIS SECTION IS NOT APPLICABLE TO ANY DEED OF TRUST
GIVEN AS SECURITY FOR THE PAYMENT OF A DEBT OR THE
PERFORMANCE OF AN OBLIGATION.
(D) EXECUTORY INTERESTS AND POWERS OF APPOINTMENT
VALID.
NOTWITHSTANDING THE REPEAL OF THE BRITISH STATUTE OF
USES, EXECUTORY INTERESTS AND POWERS OF APPOINTMENT ARE
VALID IN THE STATE, SUBJECT TO THE RULE AGAINST
PERPETUITIES.
REVISOR'S NOTE: This section presently appears as
Art. 21, §5—116 of the Code. In subsection
(a) the phrase "real or personal" modifying
"property" is added because this subsection is
intended to apply to both real and personal
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