The taking off a burden or duty. 2. It is a rule in the distribution of an intestate’s estate that the debts which he himself contracted, and for which be mortgaged his land as security, shall be paid out of the personal estate in exoneration of the real. 3. But when the real estate is charged with the payment of a mortgage at the time the intestate buys it, and the purchase is made subject to it, the personal. is not in that case to be applied, in exoneration of the real estate. 2 Pow. Mortg. 780; 5 Hayw. 57; 3 Johns. Ch. R. 229. 4. But the rule for exonerating the real estate out of the personal, does not apply against specific or pecuniary legatees, nor the widow’s right to paraphernalia, and with reason not against the interest of creditors.
Law Dictionary – Alternative Legal Definition
The removal of a burden, charge, or duty. Particularly, the act of relieving a person or estate from a charge or liability by casting the same upon another person or estate. Louisville A N. R. Co. v. Comm., 114 Ky. 787, 71 S. W. 916; Bannon r. Burnes (C. C.) 39 Fed. 898.
A right or equity which exists between those who are successively liable for the same debt. “A surety who discharges an obligation is entitled to look to the principal for reimbursement, and to invoke the aid of a court of equity for this purpose, and a subsequent surety who, by the terms of the contract, is responsible only in case of the default of the principal and a prior surety, may claim exoneration at the hands of either.” Bisp. Eq.