MARVIN MANDEL, Governor
4-406. EXONERATION.

65

UNLESS A CONTRARY INTENT IS EXPRESSLY INDICATED IN
THE WILL, A LEGACY OF SPECIFIC PROPERTY SHALL PASS
SUBJECT TO A SECURITY INTEREST OR LIEN ON THE PROPERTY
WHICH EXISTED AT THE TIME OF EXECUTION OF THE WILL OR
WHICH IS A RENEWAL, EXTENSION, OR REFINANCING. IF A
SECURITY INTEREST OR LIEN IS CREATED OR ATTACHES
INITIALLY AFTER THE EXECUTION OF THE WILL, THE LEGATEE IS
ENTITLED TO EXONERATION.

REVISOR'S NOTE: This
Art. 93, §4-406.
and language.

section presently appears as
A change is made in style

4-407. EXERCISE OF POWER OF APPOINTMENT.

SUBJECT TO THE TERMS OF THE INSTRUMENT CREATING THE
POWER, A RESIDUARY CLAUSE IN A WILL EXERCISES A POWER OF
APPOINTMENT HELD BY THE TESTATOR ONLY IF:

(1) AN INTENT TO EXERCISE
EXPRESSLY INDICATED IN THE WILL; OR

THE POWER IS

(2) THE INSTRUMENT CREATING THE POWER OF
APPOINTMENT FAILS TO PROVIDE FOR DISPOSITION OF THE
SUBJECT MATTER OF THE POWER UPON ITS NONEXERCISE.

REVISOR'S NOTE: This section presently appears as
Art, 93, §4—407. A slight change in style and
language is made.

4-408. WILL PASSES ENTIRE INTEREST OF TESTATOR.

UNLESS A CONTRARY INTENT IS EXPRESSLY   INDICATED IN

THE WILL, A LEGACY PASSES TO THE LEGATEE     THE ENTIRE

INTEREST OF THE TESTATOR IN THE PROPERTY   WHICH IS THE
SUBJECT OF THE LEGACY.

REVISOR'S NOTE: This section presently appears as
Art. 93, §4-408. The only change is in style.

4-409. LEGACY FOR CHARITABLE USE.

A LEGACY FOR CHARITABLE USE MAY NOT BE VOID BECAUSE
OF AN UNCERTAINTY WITH RESPECT TO THE DONEES IF:

(1)   THE WILL MAKING THE LEGACY ALSO CONTAINS
DIRECTIONS FOR THE FORMATION OF A CORPORATION TO TAKE IT;
AND

(2)    A CORPORATION IS FORMED IN ACCORDANCE
WITH THE DIRECTIONS, CAPABLE AND WILLING TO RECEIVE AND
ADMINISTER THE LEGACY, WITHIN 12 MONTHS FROM THE PROBATE