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Session Laws, 1988
Volume 770, Page 141   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 2

In paragraph (l)(ii) of this subsection, the phrase
"at death" is substituted for the former nonspecific
reference "prior to his death", for clarity.

Also in paragraph (l)(ii) of this subsection, the

former reference to property in which the decedent had

an interest as a "tenant in common" is deleted as
surplusage.

In the introductory language of paragraph (l)(iii) of
this subsection, the reference to an "inter vivos
transfer" is substituted for the former reference to a
transfer "by deed, gift, grant, bargain or sale", for
clarity and brevity.

In paragraph (l)(iii)2. of this subsection, the
condition that the transfer "is not shown to not have
been made in contemplation of death" is substituted
for the former phrase "unless shown to the contrary"
and the former reference to the transfer being "deemed
to have been made in contemplation of death within the
meaning of this section", for clarity.

Defined terms: "Person" § 1-101
"Property" § 1-101

(E) SUBSEQUENT INTEREST.

(1)  "SUBSEQUENT INTEREST" MEANS A VESTED OR
CONTINGENT REMAINDER, EXECUTORY OR REVERSIONARY INTEREST, OR
OTHER FUTURE INTEREST THAT IS CREATED BY A DECEDENT AND WILL OR
MAY VEST IN POSSESSION AFTER THE DEATH OF THE DECEDENT.

(2)  "SUBSEQUENT INTEREST" INCLUDES A SOLE OR
CONCURRENT SUBSEQUENT INTEREST.

REVISOR'S NOTE: Paragraph (1) of this subsection is new
language derived without substantive change from the
references, in the first sentence of former Art. 81, §
161(a), to subsequent interests. It is revised to
define "subsequent interest" to allow concise
reference to these interests.

Paragraph (2) of this subsection is new language added
to clarify that a "subsequent interest" includes a
sole or concurrent subsequent interest.

In paragraph (1) of this subsection, the words "vested
or contingent remainder" are substituted for the
former reference to "an interest which has vested or
may vest in possession during the continuance of the
period of the interest so valued under § 160", for
clarity and brevity.

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Session Laws, 1988
Volume 770, Page 141   View pdf image
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