Exoneration

(1) The taking off a burden or duty; the shifting of a burden from one person or one piece of property to another. Thus, it is a general rule in the distribution of an intestate's estate that the debts which he himself contracted, and for which he mortgaged his land as security, shall be paid out of the personal estate, in exoneration of the real. against the principal for reimbursement. Pom. Eq. Jur. p. 467, § 1416. EXONERATUR (Lat.)

In practice. A short note entered on a bail piece, that the bail is exonerated or discharged in consequence of having fulfilled the condition of his obligation, made by order of the court' or of a judge upon a proper cause being shown. See "Recognizance."

The removal of a burden, charge or duty. Particularly, the act of relieving a person or estate from a charge or Ilability by casting the same upon another person or estate, Louisville & N. B. Co., v. Comm., 114 Ky. 787, 71 S. W. 916; Bannon v. Burnes (C. Ct) 39 Fed. 898. A right or equity which exists between Bi-Law Dict.(2d Ed.)—30 those who are sucoessively 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. § 331.

In Scotch law. A discharge; or the act of being legally disburdened of, or liberated from, the performance of a duty or obligation. Bell.

In Scots law. A discharge, or a deed by which a person is disburdened.

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. 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, anda 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 evoneration at the hands of either.” isp. Eq. § 331.

In Scotch law. A discharge; or the act of being legally disburdened of, or liberated from, the performance of a duty or obligation. Bell.

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.