Smith v. Wilson

Stevenson. V. C.

This is a suit by lieirs-at-law of a deceased married woman to compel her administrator, her surviving husband, to -exoncr*312ate their land from the burden of a bond and mortgage made by the married woman to secure her own debt shortly before her decease in December, 1903. Under the common law the right to exonerate in such a case was well settled. Keen v. Munn, 16 N. J. Eq. (1 C. E. Gr.) 398; Campbell v. Campbell, 30 N. J. Eq. (3 Stew.) 415; Crowell v. Hospital of St. Barnabas, 27 N. J. Eq. (12 C. E. Gr.) 650, 653; Cumberland v. Codrington (Chancellor Kent, 1817), 3 Johns. Ch.…