Real Estate Charges Act 1867

JurisdictionUK Non-devolved
Citation1867 c. 69


Real Estate Charges Act, 1867

(30 & 31 Vict.) C A P. LXIX.

An Act to explain the Operation of an Act passed in the Seventeenth and Eighteenth Years of Her present Majesty, Chapter One hundred and thirteen, intituledAn Act to amend the Law relating to the Administration of deceased Persons.

[25th July 1867]

Whereas by an Act passed in the Seventeenth and Eighteenth Year of Her present Majesty it is enacted, among other things, 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:

And whereas Doubts may exist upon the Construction of the said Act, and it is expedient that such Doubts should for the future be removed:

Be it therefore 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-1 In construing Wills, general Direction for Payment of Debts out of Personalty not to include Mortgage Debts, unless such Intention expressly implied.

1 In construing Wills, general Direction for Payment of Debts out of Personalty not to include Mortgage Debts, unless such Intention expressly implied.

1. In the Construction of the Will of any Person who may die after the Thirty-first Day ofDecember One thousand eight hundred and sixty-seven, a general Direction that the Debts or that all the Debts of the Testator shall be paid out of his Personal Estate shall not be deemed to be a Declaration of an Intention contrary to or other than the Rule established by...

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