58 LAWS OF MARYLAND [Ch. 11
(4) THE WILL DOES NOT EXPRESSLY STATE THAT
THE CHILD, OR ISSUE, SHOULD BE OMITTED.
REVISOR'S NOTE: This section presently appears as
Art. 93, §3-301. A subsection is added. The
only changes are in style and language.
3-302. AMOUNT OF SHARE.
A CHILD PERMITTED TO SHARE IN THE ESTATE OF A
DECEDENT PURSUANT TO §3-301 SHALL RECEIVE FROM THE
PERSONAL REPRESENTATIVE AN AMOUNT EQUAL TO THE LESSEE OF
(1) THE DISTRIBUTION WHICH THE CHILD WOULD
HAVE TAKEN IN THE EVENT OF INTESTACY; OF
(2) THE VALUE OF ALL LEGACIES TO CHILDREN OF
THE TESTATOR AND ISSUE OF DECEASED CHILDREN DIVIDED BY
THE TOTAL NUMBER OF CHILDREN OF THE TESTATOR WHO SURVIVE
HIM AND DECEASED CHILDREN LEAVING ISSUE WHO TAKE UNDER
THIS SUBTITLE, INCLUDING THE PRETERMITTED CHILD. THE
ISSUE OF A PRETERMITTED CHILD WHO DID NOT SURVIVE THE
TESTATOR MAY TAKE THE AMOUNT BY REPRESENTATION.
REVISOR'S NOTE: This section presently appears as
Art. 93, §3—302. The only changes are in
style and language.
[[SEC.]] 3-303. PAYMENT.
PROPERTY DISTRIBUTED PURSUANT TO §3-302 SHALL BE
PAID BY THE PERSONAL REPRESENTATIVE FROM THE LEGACIES OF
CHILDREN OF THE TESTATOR AND ISSUE OF DECEASED CHILDREN
WHO TAKE BY REPRESENTATION. EACH PERSON SHALL CONTRIBUTE
IN THE PROPORTION WHICH HIS LEGACY BEARS TO ALL LEGACIES
OF CHILDREN OF THE TESTATOR AND ISSUE OF DECEASED
CHILDREN TAKING BY REPRESENTATION. INSTEAD OF
CONTRIBUTING AN INTEREST IN SPECIFIC PROPERTY TO THE
PRETERMITTED CHILD, A LEGATEE MAY PAY THE PRETERMITTED
CHILD OR HIS ISSUE, IN CASH OR OTHER PROPERTY ACCEPTABLE
TO THE PRETERMITTED CHILD OR HIS ISSUE, AN AMOUNT EQUAL
TO THE FAIR MARKET VALUE OF THE INTEREST IN SPECIFIC
PROPERTY AS OF THE DATE OF DEATH OF THE TESTATOR.
REVISOR'S NOTE: This section presently appears as
Art. 93, §3-303. The only changes are in
style and language.
TITLE 4. WILLS.
SUBTITLE 1. EXECUTION, REVOCATION, AND REVIVAL.
4-101. WHO MAY MAKE A WILL.
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