Exoneration
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Exoneration
The removal of a burden, charge, responsibility, duty, or blame imposed by law. The right of a party who is secondarily liable for a debt, such as a surety, to be reimbursed by the party with primary liability for payment of an obligation that should have been paid by the first party.
EXONERATION. The taking off a burden or duty.
2. It is a rule in the distribution of an intestate's estate that the
debts which he himself contracted, and for which be mortgaged his land as
security, shall be paid out of the personal estate in exoneration of the
real.
3. But when the real estate is charged with the payment of a mortgage
at the time the intestate buys it, and the purchase is made subject to it,
the personal. is not in that case to be applied, in exoneration of the real
estate. 2 Pow. Mortg. 780; 5 Hayw. 57; 3 Johns. Ch. R. 229.
4. But the rule for exonerating the real estate out of the personal,
does not apply against specific or pecuniary legatees, nor the widow's right
to paraphernalia, and with reason not against the interest of creditors. 2
Ves. jr. 64; 1 P. Wms. 693; Id. 729; 2 Id. 120,335; 3 Id. 367. Vide Pow.
Mortg. Index, h.t.