MARVIN MANDEL, Governor                                 57

ACCEPTABLE TO THE SPOUSE, AN AMOUNT EQUAL TO THE FAIR
MARKET VALUE OF THE INTEREST IN SPECIFIC PROPERTY ON THE
DATE THE ELECTION TO TAKE AN INTESTATE SHARE HAS MADE BY
THE SPOUSE. UNLESS SPECIFICALLY PROVIDED IN THE WILL, A
LEGATEE [[MAY]] IS NOT [[BE]] ENTITLED TO SEQUESTRATION
OR COMPENSATION FROM ANOTHER LEGATEE, OR FROM ANOTHER
PART OF THE ESTATE OF THE DECEDENT, EXCEPT THAT AN
INTEREST RENOUNCED BY THE SURVIVING SPOUSE AND NOT
INCLUDED IN THE SHARE OF THE NET ESTATE RECEIVED BY THE
SURVIVING SPOUSE UNDER THIS SECTION MAY BE SUBJECT TO
[[THE EQUITABLE PRINCIPAL OF]] SEQUESTRATION FOR THE
BENEFIT OF INDIVIDUALS WHO ARE THE NATURAL OBJECTS OF THE
BOUNTY OF THE DECEDENT, IN ORDER TO AVOID A SUBSTANTIAL
DISTORTION OF THE INTENDED DISPOSITIONS OF THE TESTATOR.

REVISOR'S NOTE: This section presently appears as
Art. 93, §3-208. The only changes are in
style and language.

SUBTITLE 3. STATUTORY SHARE OF PRETERMITTED
CHILD AND ISSUE.

3-301. WHEN ENTITLED TO SHARE.

(A) BIRTH AFTER EXECUTION OF WILL.

A WILL MAY NOT BE REVOKED BY THE SUBSEQUENT BIRTH,
ADOPTION, OR LEGITIMATION OF A CHILD BY THE TESTATOR
EXCEPT UNDER THE CIRCUMSTANCES REFERRED TO IN
[[§4-104(C)]] §4-105(C).

(E) LEGACY TO A CHILD.

[[A CHILD DESCRIBED IN SUBSECTION (A), WHO DOES NOT
SURVIVE THE TESTATOR, OR ANY OF HIS ISSUE WHO DO SURVIVE
THE TESTATOR, IS ENTITLED TO A SHARE IN THE ESTATE TO BE
DETERMINED AND PAID IN ACCORDANCE WITH §§3-302 AND 3-303,
IF:]]

A CHILD DESCRIBED IN SUBSECTION (A) OR ISSUE, IF

ANY, OF SUCH CHILD WHO DOES NOT SURVIVE THE TESTATOR, IS
ENTITLED, TO A SHARE IN THE ESTATE TO BE DETERMINED AND
PAID IN ACCORDANCE WITH $3-302 AND §3-303, IF:

(1) THE WILL CONTAINS A LEGACY FOR A CHILD OF
THE TESTATOR BUT MAKES NO PROVISION FOR A PERSON WHO
BECOMES A CHILD OF THE TESTATOR SUBSEQUENT TO THE
EXECUTION OF THE WILL;

(2) THE CHILD HAS BORN, ADOPTED, OR
LEGITIMATED AFTER THE EXECUTION OF THE WILL;

(3) THE CHILD, [[AND]] OF HIS ISSUE, SURVIVE
THE TESTATOR; AND