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Session Laws, 1981
Volume 741, Page 1732   View pdf image
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1732

LAWS OF MARYLAND

Ch. 361

the children and other issue of each nonsurviving child of
the decedent the pattern of representation provided for in
this subsection for the children and other issue of the
decedent and repeating that pattern with respect to
succeeding generations until all shares are determined.

(c) In the case of issue of a parent, grandparent, or
great-grandparent of the decedent, the property shall be
divided into as many equal shares as there are. lineal
descendants of either, or of both, of the pair of parents,
grandparents, or great-grandparents, as the case may be, of
the nearest degree of relationship to the decedent of whom
any survived the decedent and who did so survive, and lineal
descendants of the same degree who did not survive the
decedent but of whom issue did survive the decedent. Each
lineal descendant of the nearest degree surviving the
decedent shall receive one share and the issue of each
deceased lineal descendant of that degree who left issue
surviving the decedent shall receive one share apportioned
in the manner of representation set forth for issue of the
decedent in subsection (b).

. [(d) Unless a contrary intention expressly appears,
when a will provides that upon the occurrence of an event
distribution shall be made by representation or per stirpes,
the estate shall be divided into as many equal shares as
there are, with respect to the particular legacy involved,
(1) legatees and (2) persons who would have been legatees
had they survived until the occurrence of the event and of
whom issue did survive the occurrence of the event. Each
legatee shall receive one share and the share of each
deceased legatee shall be divided among his issue in the
same manner.]

1-210.1.

(A)  SUBSECTION (B) OF THIS SECTION APPLIES TO THE
PROVISIONS OF A WILL REQUIRING THAT UPON THE OCCURRENCE OF
AN EVENT, DISTRIBUTION SHALL BE MADE BY REPRESENTATION OR
PER STIRPES TO THE ISSUE OF ONE SPECIFIED PERSON.

(B)  (1) ON THE OCCURRENCE OF THE EVENT DESIGNATED BY
THE WILL, THE PROPERTY TO BE DISTRIBUTED SHALL BE DIVIDED
INTO AS MANY EQUAL SHARES AS THERE ARE CHILDREN OF THE
PERSON WHOSE ISSUE ARE TO TAKE BY REPRESENTATION OR PER
STIRPES, EXCLUDING THOSE CHILDREN WHO WERE NOT LIVING AT THE
TIME OF THE OCCURRENCE OF THE EVENT AND DID NOT LEAVE ISSUE
WHO WERE LIVING AT THE TIME OF THE OCCURRENCE OF THE EVENT.

(2) DISTRIBUTION OF THE SHARES SHALL BE MADE AS
FOLLOWS:

(I) ONE SHARE SHALL BE DISTRIBUTED TO EACH
CHILD, WHO WAS LIVING AT THE TIME OF THE OCCURRENCE OF THE
EVENT; AND

 

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Session Laws, 1981
Volume 741, Page 1732   View pdf image
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