See Also: exoneration(dictionary)
EXONERATION(law)

EXONERATION (law)


EXONERATION. The taking off a burden or duty. 2. It is a rule in the distribution of an intestate' s estate that the 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 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 security, shall be paid out of the personal estate in exoneration of the real. real. 3. But when the real estate is charged with the payment of a mortgage 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, 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 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. 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, 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 does not apply against specific or pecuniary legatees, nor the widow' s right to paraphernalia, and with reason not against the interest of creditors. 2 to paraphernalia, and with reason not against the interest of creditors. 2 Ves. jr. 64; 1 P. Wms. 693; Id. 729; 2 Id. 120,335; 3 Id. 367. Vide Pow. Ves. jr. 64; 1 P. Wms. 693; Id. 729; 2 Id. 120,335; 3 Id. 367. Vide Pow. Mortg. Index, h.t. Mortg. Index, h.t.