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Session Laws, 1959
Volume 642, Page 898   View pdf image (33K)
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898                                 Laws of Maryland                         [Ch. 612

vocation was not effected in the manner provided by this Article for
the revocation of wills and codicils;

(4) A termination of the trust, except by way of revocation, in
accordance with the terms of said trust or by its exhaustion or by
operation of law or otherwise shall not invalidate the devise or be-
quest.

The provisions of this Section shall apply to any devise or bequest
made by a testator living on the effective date of this Act, or born
subsequent thereto, without regard to the date of execution of the
will or codicil or of the trust instrument, or any amendment there-
to; provided, however, that the provisions of this Act shall not be
construed as invalidating
CASTING ANY DOUBT UPON THE
VALIDITY AS HERETOFORE EXISTING OF (a) any devise or
bequest made by a testator who shall have died prior to the effective
date hereof, or (b) any devise or bequest which does not come within
the provisions of this Act.

350B. Bequests or Devises to Trustee Under, or in Accordance
with Terms of, Testamentary Trusts.

A devise or bequest may be made in a will or codicil, otherwise
valid under this Article, in form or substance to the trustee or
trustees under, or in accordance with the terms of, a testamentary
trust established under another valid will or codicil. Such devise
or bequest shall not be invalid because the testamentary trust or
the will or codicil establishing such testamentary trust, was not in
existence when the will or codicil containing such devise or bequest
was executed, if the testator of the will or codicil establishing such
testamentary trust predeceases the testator of the will or codicil
containing such devise or bequest, and such will or codicil establish-
ing such testamentary trust had been or is subsequently admitted
to probate.

Unless the will otherwise provides

(1)  Property passing under such devise or bequest shall be deemed
to pass directly to the trustee or trustees of the testamentary trust
and shall become a part of the assets of such trust, and shall not be
deemed held under a separate testamentary trust;

(2)  A termination of the trust in accordance with the terms of
said trust or by its exhaustion or by operation of law or otherwise
shall not invalidate the devise or bequest.

The provisions of this Section shall apply to any devise or bequest
made by a testator living on the effective date of this Act or born
subsequent thereto, without regard to the date of execution of the
will or codicil containing such devise or bequest; provided, however,
that the provisions of this Act shall not be construed as invalidating
CASTING ANY DOUBT UPON THE VALIDITY AS HERETO-
FORE EXISTING OF (a) any devise or bequest made by a testator
who shall have died prior to the effective date hereof, or (b) any
devise or bequest which does not come within the provisions of this
Act.


 

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Session Laws, 1959
Volume 642, Page 898   View pdf image (33K)
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