648

LAWS OF MARYLAND

Ch. 33

(A)        "FIDUCIARY" DEFINED.

IN THIS SECTION, "FIDUCIARY" INCLUDES THE FIDUCIARY'S
SUCCESSOR.

(B)       IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
IF A SAFE-DEPOSIT COMPANY RENTS A SAFE-DEPOSIT BOX TO A
FIDUCIARY, THE SAFE-DEPOSIT COMPANY MAY NOT PERMIT ACCESS TO
THE SAFE-DEPOSIT BOX:

(1)   BY ANY PERSON OTHER THAN THE FIDUCIARY; AND

(2)       IF THE SAFE-DEPOSIT BOX IS RENTED TO TWO OR
MORE FIDUCIARIES, BY LESS THAN ALL OF THE FIDUCIARIES IN
PERSON.

(C)       EXCEPTION.

THE SAFE-DEPOSIT COMPANY MAY PERMIT ACCESS TO THE
SAFE-DEPOSIT BOX BY:

(1)       ANY INDIVIDUAL AUTHORIZED BY ALL OF THE
FIDUCIARIES, IN ACCORDANCE WITH A RENTAL AGREEMENT, WRITTEN
POWER OF ATTORNEY, OR OTHER WRITTEN AUTHORITY SIGNED BY EACH
FIDUCIARY AND FILED WITH THE SAFE-DEPOSIT COMPANY; AND

(2)       LESS THAN ALL OF THE FIDUCIARIES, IN
ACCORDANCE WITH A RENTAL AGREEMENT, WRITTEN POWER OF
ATTORNEY, OR OTHER WRITTEN AUTHORITY SIGNED BY THE REMAINING
FIDUCIARIES AND FILED WITH THE SAFE-DEPOSIT COMPANY.

REVISOR'S NOTE: This section is new language derived
from Art. 23, § 315.

The term "safe—deposit company" — as defined in
§ 12—601 of this subtitle — is substituted for
the reference to a "corporation" engaged in
renting out safe—deposit boxes. See revisor's
note to § 12-601(c) of this subtitle.

The only other changes are in style.

12-603. ACCESS TO SEARCH FOR LESSEE'S WILL.

IF THE LESSEE OF A SAFE-DEPOSIT BOX DIES AND, BEFORE A
PERSONAL REPRESENTATIVE FOR THE LESSEE'S ESTATE HAS BEEN
APPOINTED, A PERSON WISHES TO OPEN THE SAFE-DEPOSIT BOX TO
SEARCH FOR THE LESSEE'S WILL, A REPRESENTATIVE OF THE
SAFE-DEPOSIT COMPANY SHALL BE PRESENT WHEN THE SAFE-DEPOSIT
BOX IS OPENED.

REVISOR'S NOTE: This section is new language derived
from Art. 11, § 103A.