Exoneration

is the taking offa burden or duty. It is a rule in the distribution of an intestate’s estate that the debts which be himself contracted, and for which he mortgaged his land as security, shall be paid out of the personal estate in exoneration of the real. 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 Johna. Ch. RK. 229.

Bui the rule for exonerfating the real estate out of the personal does not apply to the disappointment of specific or pecumiary legatees, nor the widow’s right to paraphernalia, and with greater reason not with the interest of creditors.

2 Ves. Jr. 64; 1 P. Wms. 693; Ib. 729; 2 Ib. 120, 335; 3 Ib. 367.

Vide Pow. Mortg. Index, het.