MARVIN MANDEL, Governor                               263

property. The phrase "including an interest
in land" is proposed for deletion because the
definition of "property" in §1-101(k) provides
that "property" means "real property or any
interest therein....".

In subsection (a), the Commission added new
language suggested by the Code Revision
Committee to resolve the conflicting
priorities created by this provision and
§14-112. Art. 21, §5-116, from which §2-116 is
derived, provided that when property is
conveyed under a passive trust it is deemed a
direct conveyance to the beneficiary. Section
14—112, on the other hand, provided that if a
trustee or fiduciary takes title to property
without limitation expressed in the grant to
him, he may convey the property except to the
extent limited by the grant to him or in a
previously recorded instrument. A conflict
between the two provisions arose in a
situation where a beneficiary under a passive
trust attempted to convey title to his
property and, at the same time, the trustee
was executing a deed which is accepted on the
basis of §14—112. On the recommendation of
the Code Revision Committee of the State Bar
Association, the Commission added new language
to §14-112 to indicate that a trustee who
takes title may grant the property if a
beneficiary is not designated in the
instrument by which the trustee takes title or
in another previously recorded instrument
signed by the grantor, or if an instrument
signed by the trustee designating a
beneficiary is not recorded prior to the
disposition by the trustee. The new language
enables title examiners to rely on §14—112 and
eliminates the necessity of having them
require presentation of a trust instrument to
determine whether a passive trust is created.
The only other changes are in style.

2-117. PRESUMPTION AGAINST JOINT TENANCY.

NO     DEED, WILL, OR OTHER WRITTEN INSTRUMENT WHICH

AFFECTS [[REAL]] LAND OR PERSONAL PROPERTY, CREATES AN

ESTATE IN JOINT TENANCY, UNLESS THE DEED, WILL, OR OTHER

WRITTEN INSTRUMENT EXPRESSLY PROVIDES THAT THE PROPERTY

GRANTED IS TO BE HELD IN JOINT TENANCY.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5—117 of the Code. The only changes
are in style.