Maryland Code § ET-4-412

Section ET-4-412
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(a) (1) A legacy may be made in form or substance to the trustee under
the terms of a testamentary trust established under another will.
(2) The legacy is valid even if the testamentary trust or the will
establishing the trust was not in existence when the will containing the legacy was
executed, if:
(i) The will establishing the testamentary trust was executed,
or was last modified with respect to the terms of the trust, prior to the death of the
testator of the will containing the legacy;
(ii) The will establishing the testamentary trust is offered for
probate prior to, or within 9 months after the death of the testator of the will
containing the legacy; and
(iii) The will establishing the testamentary trust is admitted to
probate.
(b) Unless the will otherwise provides:
(1) Property passing under the legacy passes from the personal
representative directly to the trustee of the testamentary trust, becomes a part of the
assets of the trust, and is not considered as held under a separate testamentary trust;
and
(2) A termination of the trust in accordance with its terms, by its
exhaustion, by operation of law, or otherwise, does not invalidate the legacy.

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