Thompson v. Sullivan

I do not think that’the provisions of the statute (1 R. S., 749, sec. 4) were intended directly to interfere with the remedies of the creditor, by action upon the bond or other obligation of the intestate or testator secured by a mortgage.

The section above referred to applies by its terms to the heir or devisee to whom the real estate descends or is devised, and directs that he shall satisfy and discharge such mortgage out of his own property, without resorting to the executor or administrator of his ancestor, unless there be an express direction in the will of such testator that such…