A specific devise passes subject to any mortgage interest existing at the date of death without right of exoneration regardless of a general directive in the will to pay debts.
History: 1953 Comp., § 32A-2-607, enacted by Laws 1975, ch. 257, § 2-607; repealed and reenacted by Laws 1993, ch. 174, § 46.
Official comments. — See Commissioners on Uniform State Law official comment to 2-607 UPC.
Repeals and reenactments. — Laws 1993, ch. 174, § 46 repealed former 45-2-607 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-607, relating to changes in securities, accessions, and nonademption, and enacted a new section, effective July 1, 1993.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills §§ 1762, 1765.
Validity of provisions of instrument creating legal estate attempting to exempt it from claims of creditors, 80 A.L.R. 1007.
Direction in will for payment of debts and expenses as subjecting exempt homestead to their payment, 103 A.L.R. 257.
Direction in will for payment of debts of testator, or for payment of specified debt, as affecting debts or debt barred by limitation, 109 A.L.R. 1441.
Conclusiveness of testator's statement as to amount of debt or advancement to be charged against legacy or devise, 98 A.L.R.2d 273.
Right of heir or devisee to have realty exonerated from lien thereon at expense of personal estate, 4 A.L.R.3d 1023.
33 C.J.S. Executors and Administrators § 201; 34 C.J.S. Executors and Administrators §§ 468, 470.
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