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§ 4-404. Distribution of property when legacy void or inoperative

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2011

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 4. Wills (Refs & Annos)
Subtitle 4. Rules Relating to Legacies (Refs & Annos)
Effective: October 1, 2011
MD Code, Estates and Trusts, § 4-404
§ 4-404. Distribution of property when legacy void or inoperative
Currentness
In general
(a) Unless a contrary intent is expressly indicated in the will, property failing to pass under a void or inoperative legacy, and which is not provided for in § 4-403 of this subtitle, shall be distributed as part of the estate of the testator to those persons, including legatees, who would have taken the property if the void or inoperative legacy had not existed.
Residuary legatees
(b) Where a legacy to one of two or more residuary legatees is void or inoperative, the other residuary legacies shall be augmented proportionately by the property which is the subject of the legacy.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974.
Formerly Art. 93, § 4-404.
MD Code, Estates and Trusts, § 4-404, MD EST & TRST § 4-404
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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