Moore v. . Jones

When a debtor dies his real estate descends to his heirs or vests in his devisees, and possession of his personal estate vests in his executor or administrator. The personalty is primarily liable for the payment of his debts, including judgments and obligations secured by mortgages for,- though secured, they are nonetheless debts, and heirs and devisees are entitled to have them paid out of the personal estate to the exoneration of the security. Guilford County v. Estates Administration, Inc., 213 N. C., 763, 197 S. E., 535; Linker v. Linker, 213 N. C., 351, 196 S. E., 329; Price v. Askins,…