McCabe, James G.

English

University of Baltimore School of Law

University of Baltimore Law ReviewVolume 4Issue 1 Fall 1974 Article 131974Recent Legislation: Decedents' Estates — LawsEnacted at the 1974 Session of the GeneralAssembly of Maryland Affecting theAdministration of Decedents' EstatesJames G. McCabeMaryland National BankFollow this and additional works at: http://scholarworks.law.ubalt.edu/ublrPart of the Law CommonsThis Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion inUniversity of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information,please contact snolan@ubalt.edu.Recommended CitationMcCabe, James G. (1974) "Recent Legislation: Decedents' Estates — Laws Enacted at the 1974 Session of the General Assembly ofMaryland Affecting the Administration of Decedents' Estates," University of Baltimore Law Review: Vol. 4: Iss. 1, Article 13.Available at: http://scholarworks.law.ubalt.edu/ublr/vol4/iss1/13Recent DevelopmentsIn Myer v. Montgomery Ward,' the Maryland Court of Appeals, indicta, quoted a treatise which spoke of the overlap of the two sections.While the court apparently agreed with the treatise, in a one sentencecommentary which immediately followed the quoted passage, the courtcontradicted itself,' 9 indicating at least its confusion regarding thesesections.Applying Pennsylvania law, a North Carolina case2 0 also stated indicta that sections 2-314 and 2-315 are not mutually exclusive. In thatcase a transportation company purchased fifty trailers whose brakesfailed. The plaintiff brought his case under section 2-315 and thedefendant argued that since the trailers were used for their ordinarypurpose, the section 2-314 warranty, which was not pleaded, applied.The court allowed recovery under section 2-315. This result, however,appeared to be based on the theory that the trailers were peculiar to theplaintiff's business and therefore qualified as a particular purpose undersection 2-315, even though they were put to the ordinary use for whichthey were designed.2' This interpretation preserves the distinctionbetween the two sections while it recognizes that a given set of factsmay allow a plaintiff to recover under either section 2-314 or 2-315.These cases notwithstanding, because it overlooked section 2-314,the current legislation as enacted fails to protect the consumer wholeases under all but "particular" circumstances. The remedy is for theLegislature to extend section 2-314, as well as 2-315, to leases.DECEDENTS' ESTATES - LAWS ENACTED AT THE 1974 SESSIONOF THE GENERAL ASSEMBLY OF MARYLAND AFFECTING THEADMINISTRATION OF DECEDENTS' ESTATESJames G. McCabe*Chapter 11 (S.B. 133)**- This statute, known as the "Estates andTrusts Article" completely replaces Article 93 as it existed beforeJuly 1, 1974. It codifies in one Article, eventually to be publishedby Michie as a new volume of the Code, not only Article 93pertaining to decedents' estates but also Article 93A, pertaining tothe estates of minors and persons under a disability; the UniformGifts to Minors Act; and Minors Recovery in Tort; as well as Article37A, the Uniform Fiduciaries Act; Article 43, the Anatomical GiftAct; Article 75B, the Uniform Principal and Income Act; a number18. 253 Md. 282, 252 A.2d 855 (1969).19. Id. at 295-96, 252 A.2d at 863-64.20. Tennessee Carolina Transp., Inc. v. Strick Corp., 283 N.C. 423, 431-33, 196 SE.2d 711,717 (1972).21. See note 16 supra, cf. section 2-315, Comment 2. The court also refprred to the inclusion InComment 2 of the statement that a contract may contain both a warranty of merchantabil-ity and of fitness for a particular purpose.19741Baltimore Law Reviewof pertinent Sections of Article 16; and also certain pertinentSections of other Articles of the Code.This statute was produced by the Governor's Commission to revisethe Annotated Code.Although on the whole the revision involves only the re-organiza-tion of paragraphs and changes in style and language, some sub-stance does appear however. The following two instances of sub-stantive change have been noticed in the Sections pertaining todecedents' estates:1. Section 7-502(A), providing for notice to interested persons ofPersonal Representative's commissions and counsel fees, nowrequires that the notice state that- a request for a hearing may bemade within 20 days.2. Section 7-301, providing for notice to interested persons of thefiling of administration accounts, no longer requires that theaccount be filed within 15 days of giving the notice.Chapter 759 (H.B. 972)**- Amended Section 7-601(B) of the newEstates and Trusts Article to include income from fee simpleproperty in the probate estate subject to Personal Representative'scommissions.Chapter 760 (H.B. 974)** -Amended Section 7-301 of the newEstates and Trusts Article by changing the word "certificate" to"certification".Chapter 762 (H.B. 998)** - Amended certain Sub-Sections of Section2-206 of the new Estates and Trusts Article by increasing certainRegister's fees.Chapter 763 (H.B. 999)**- Deleted 7-602(D) from the new Estatesand Trusts Article, thus eliminating appearance fees for counsel inthe Orphans' Court.Chapter 767 (H.B. 103)** - Repealed and re-enacted Section 7-501(B)of the new Estates and Trusts Article so as to change the time forexcepting to administration accounts from 30 days to 20 days.Chapter 493 (H.B. 1050)** - Repealed and re-enacted Section2-211(C) of the new Estates and Trusts Article so that, uponapproval of final administration account, only inventories, ac-counts, notices to creditors and petitions and orders need berecorded by the Register.[Vol. 41974] Recent Developments 201Chapter 649 (S.B. 765)*** - Repealed and re-enacted Sections 5-601and 5-605 of the new Estates and Trusts Article increasing themaximum amount of decedent's estate from $2,000 to $5,000 inorder to qualify for administration under the Small Estates Act.* A.B., 1933, The Johns Hopkins University; LL.B., 1936, University of Maryland; VicePresident and Senior Trust Officer, Trust Department, Maryland National Bank; Memberof the Maryland Bar.** Effective July 1, 1974, and therefore apparently applicable to all estates regardless ofdate of death.*** Effective July 1, 1974, but only as to the estates of decedents dying on or after that date.

Recent Legislation: Decedents\u27 Estates — Laws Enacted at the 1974 Session of the General Assembly of Maryland Affecting the Administration of Decedents\u27 Estates

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Recent Legislation: Decedents\u27 Estates — Laws Enacted at the 1974 Session of the General Assembly of Maryland Affecting the Administration of Decedents\u27 Estates

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