MARVIN MANDEL, Governor                                     67

AMENDED OR MODIFIED AFTER THE WILL WAS EXECUTED, AND THE
LEGACY SHALL BE GIVEN EFFECT IN ACCORDANCE WITH THE TERMS
OF THE TRUST AS THEY APPEAR IN WRITING ON THE DATE OF
DEATH OF THE TESTATOR, INCLUDING ANY AMENDMENT OR
MODIFICATION ;

{2) PROPERTY PASSING UNDER THE LEGACY PASSES
DIRECTLY FROM THE PERSONAL REPRESENTATIVE TO THE TRUSTEE
OF THE INTER VIVOS TRUST, BECOMES A PART OF THE ASSETS OF
THE TRUST, AND IS NOT CONSIDERED HELD UNDER A SEPARATE
TESTATMENTARY TRUST;

(3)   AN ENTIRE REVOCATION OF THE TRUST PRIOR
TO THE DEATH OF THE TESTATOR MAKES THE LEGACY INOPERATIVE
WITHIN THE MEANING OF §4-404, EVEN THOUGH THE REVOCATION
WAS NOT EFFECTED IN THE MANNER PROVIDED BY THIS ARTICLE
FOR THE REVOCATION OF WILLS; AND

(4)     SUBJECT TO PARAGRAPH (3) OF THIS
SUBSECTION, A TERMINATION OF THE TRUST IN ACCORDANCE WITH
ITS TERMS, OR BY ITS EXHAUSTION, OR BY OPERATION OF LAW,
OR FOR ANOTHER SEASON DOES NOT INVALIDATE THE LEGACY.

REVISOR'S NOTE: This section presently appears as
Act. 93, §4-411. Catchlines are added to
subsections. Subsection (d) is removed and
placed in §12-102(d) of this article. The
only other changes are in style and language.

4-412. LEGACY TO TESTAMENTARY TRUST.

(A) LEGACY TO TRUST UNDER ANOTHER WILL.

A LEGACY MAY BE MADE IN FORM OR SUBSTANCE TO THE
TRUSTEE UNDER THE TERMS OF A TESTAMENTARY TRUST
ESTABLISHES UNDER ANOTHER WILL. THE LEGACY IS VALID EVEN
IF THE TESTAMENTARY TRUST OR THE WILL ESTABLISHING THE
TRUST WAS NOT IN EXISTENCE WHEN THE WILL CONTAINING THE
LEGACY WAS EXECUTED, IF THE TESTATOR OF THE WILL
ESTABLISHING THE TESTAMENTARY TRUST PREDECEASED THE
TESTATOR OF THE WILL CONTAINING THE LEGACY, AND THE WILL
ESTABLISHING THE TESTAMENTARY TRUST HAS BEEN OR IS
SUBSEQUENTLY ADMITTED TO PROBATE.

(E) PASSAGE OF LEGACY,.
UNLESS THE WILL OTHERWISE PROVIDES:

(1) PROPERTY PASSING UNDER THE LEGACY PASSES
FROM THE PERSONAL REPRESENTATIVE DIRECTLY TO THE TRUSTEE
OF THE [[TESTATMENTARY]] TESTAMENTARY TRUST, BECOMES A
PART OF THE ASSETS OF THE TRUST, AND [MAY NOT BE]] IS
NOT CONSIDERED AS HELD UNDER A SEPARATE TESTAMENTARY
TRUST; AND