In re the Estate of Rosenbaum

Wingate, S.

Section 250 of the Real Property Law reads as follows: “Where real property, subject to a mortgage executed by any ancestor or testator, descends to an heir, or passes to a devisee, such heir or devisee must satisfy and discharge the mortgage out of his own property, without resorting to the executor or administrator of his ancestor or testator, unless there be an express direction in the will of such testator, that such mortgage be otherwise paid.”

The Legislature in its enactment of the precursor of this section (1 R. S. 749, § 4), a substantially identical statute, abrogated the…