Real Estate Charges Act 1854

JurisdictionUK Non-devolved
Citation1854 c. 113
Anno Regni VICTORI, Britanniarum Regin,Decimo Septimo & Decimo Octavo. An Act to amend the Law relating to the Administration of the Estates of deceased Persons.

(17 & 18 Vict.) C A P. CXIII.

[11th August 1854]

'WHEREAS it is expedient that the Law whereunder the Real and Personal Assets of deceased Persons are administered should be amended:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-I Heir or Devisee of Real Estate not to claim Payment of Mortgage out of Personal Assets.

I Heir or Devisee of Real Estate not to claim Payment of Mortgage out of Personal Assets.

I. When any Person shall, after the Thirty-first ofDecember One thousand eight hundred and fifty-four, die seised of or entitled to any Estate or Interest in any Land or other Hereditaments which shall at the Time of his Death be charged with the Payment of any Sum or Sums of Money by way of Mortgage, and such Person shall not, by his Will or Deed or other Document, have signified any contrary or other Intention, the Heir or Devisee to whom such Land or Hereditaments shall descend or be devised shall not be entitled to have the Mortgage Debt discharged or satisfied out of the Personal Estate or any other Real Estate of such Person, but the Land or Hereditaments so charged shall, as between the different Persons claiming through or under the deceased Person, be primarily liable to the Payment of all Mortgage Debts with which the same shall be charged, every Part thereof, according to its Value, bearing a proportionate Part of the Mortgage Debts charged on the whole thereof: Provided always, that nothing herein contained shall affect or diminish any Right of the Mortgagee on such Lands or Hereditaments to obtain full Payment or Satisfaction of his Mortgage Debt either out of the Persona...

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