BLAIR LEE III, Acting Governor                           2209

(1)    "To A, if A survives the testator,
otherwise to B". If A disclaims, the legacy devolves to B.

(2)    "To the testator's surviving children" and
at the testator's death he has two children who survive him.
If one child disclaims, the disclaimed legacy devolves to
the other child and not to the disclaimant's heirs.

(3)    "To A". If A disclaims, the disclaimed
legacy devolves to A's heirs (including A's spouse),
determined under Title 2, subtitle 1 of this Article. As a
person succeeding to a disclaimed interest, A's spouse may
disclaim her share of the disclaimed legacy.

(4)    "To the testator's children" and at
testator's death he has two children who survive him. If
one child disclaims, the disclaimed legacy devolves to the
disclaimant's heirs and not to the other child.

The application of § 9-204 (a) (2) (and by analogy §
9-204(b) (2)) may be illustrated by the following examples
involving bequests under a will:

(5)    "To A for life, remainder to A's children".
If A disclaims the whole, the remainder is accelerated. If
A disclaims one—half, one—half of the remainder is
accelerated.

(6)    "To A for the life of B, remainder to A's
children." If A disclaims, the remainder is not
accelerated.

(7)    "To A for life, remainder to such of A's
children as survive A". If A disclaims, the remainder is
accelerated and devolves to A's children who survive the
testator, without waiting to see if in fact they survive A.

The application of § 9-204(c) may be illustrated by the
following examples:

(8)    "To A and B as joint tenants (or tenants by
the entireties)." Provided A has not accepted a benefit
under it, at any time not later than nine months after B's
death, A may disclaim as a "separate interest" the interest
which would otherwise devolve to him by right of
survivorship, if he survives B (hereinafter referred to as
his "survivorship interest"). Provided A did not join in
creating the tenancy or accept a benefit under it, not later
than nine months after the creation of the tenancy, A may
disclaim "the entire interest".

(i) If A disclaims his survivorship
interest and if A survives B, the property devolves to A and
to B's estate as tenants in common, but if B survives A, the
property devolves to B. If A and B disclaim their
respective survivorship interest, upon the death of either A
or B, the property devolves to the survivor and to the