Maryland Code § ET-9-103

Section ET-9-103
Open in Lexace · Ask the AI about this section
(a) In this section, "legacy" or "legacies" does not include assets passing by
the exercise of the decedent of a testamentary power of appointment.

(b) (1) Unless a contrary intent is expressed in the will and except as
provided in §§ 3-208 and 3-303 of this article and subsection (c) of this section, shares
of legatees abate without preference or priority as between real and personal
property, in the following order:
(i) Property not disposed of by the will;
(ii) Residuary legacies;
(iii) General legacy, other than items (iv), (v), and (vi) of this
paragraph;
(iv) General legacy to dependents of testator;
(v) General legacy to creditor of testator in satisfaction of a
just debt;
(vi) General legacy to surviving spouse of testator; and
(vii) Specific and demonstrative legacies.
(2) Abatement within each classification is in proportion to the
amounts of property each of the legatees or heirs would have received, had full
distribution of the property been made in accordance with the terms of the will.
(c) When the subject matter of a preferred legacy is sold or used as an
incident to administration, appropriate adjustments in, or contributions from, other
interests in the remaining assets shall be effected.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.