In Re Cloninger's Estate

The question raised on this appeal is whether the devisee of real estate takes subject to a mortgage lien, or is entitled to have the mortgage debt exonerated from assets of the estate not specifically devised.

John S. Cloninger died in June, 1934, leaving a will executed March 7, 1932, by which he devised to his daughter, Inez Hopper, respondent here, a “building and lot in Block 50 Town of Kalama,” and other real property, a description of which is not material to this controversy. “All the rest, residue and remainder” of his estate he bequeathed and devised to his wife, Ina Cloninger, now…