McLenahan v. McLenahan
New Jersey Court of Chancery
The bill was filed by the complainant, heir-at-law oi Eobcrt McLenahan, deceased, against his administrator and widow, to compel the administrator to pay a mortgage debt out of the personal estate of the intestate, in exoneration of mortgaged lands descended to the complainant, and to restrain him from settling his final account and distributing the estate until such payment shall have been made.
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The bill was filed by the complainant, heir-at-law oi Eobcrt McLenahan, deceased, against his administrator and widow, to compel the administrator to pay a mortgage debt out of the personal estate of the intestate, in exoneration of mortgaged lands descended to the complainant, and to restrain him from settling his final account and distributing the estate until such payment shall have been made. The intestate had purchased the lands subject to the mortgage in question, but had not expressly assumed or covenanted to pay the mortgage by the deed to him, which only recited that the land was…
1Opinion of the Court
The Chancellor.
Although the personal estate is the primary fund for the payment of the debts of a decedent, the rule is limited to debts created by him, or for which he has rendered himself personally liable, directly and primarily. Where lands subject to a mortgage debt, not created by the decedent, descend or are devised, the heir or devisee takes them eum onere, and is not entitled to have the debt paid out of the personal estate, unless the decedent has directly assumed the debt, intending to make it a charge on his personal estate, or shall have so directed expressly by his will. It is…
2Cited by6 opinions
- Gerhardt v. SullivanNew Jersey Court of Chancery · 1930
- Alt v. KwiatekNew Jersey Court of Chancery · 1941
- Shilowitz v. ShilowitzNew Jersey Superior Court Appellate Division · 1971
- In Re TaylorNew Jersey Superior Court Appellate Division · 1954
- Shilowitz v. ShilowitzNew Jersey Superior Court Appellate Division · 1972
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