South Australian Current Acts South Australian Current Acts52—Devisee of real estate not to claim payment of mortgage out of
personal assets
(1) When any person
has died on or after the first day of February, 1892, seised of or entitled to
any estate or interest in any land or other hereditaments in this State which
are, at the time of his death, charged with the payment of money, by way of
mortgage or other legal or equitable charge, including any lien for unpaid
purchase-money, and such person has not, by his will, or deed, or other
document, signified any contrary or other intention, the person becoming
beneficially entitled to such land or hereditaments through or under the
deceased person shall not be entitled to have the money satisfied out of the
personal estate, or any other real estate, of the deceased; 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 money with which the same is or are charged, every part thereof, according
to its value, bearing a proportionate part of the money charged on the whole.
(2) The contrary or
other intention mentioned in subsection (1) shall not be deemed to be
signified by a direction for payment of debts out of, or a charge of debts
upon, personal estate, or residuary real and personal estate, or residuary
real estate, but such intention must be signified expressly and by distinct
reference to the money charged.
(3) Nothing in this
section contained shall affect or diminish any right of the mortgagee of such
lands or hereditaments to obtain full payment or satisfaction of his mortgage
debt, either out of the personal estate of the person so dying or otherwise,
nor affect the rights of any person claiming under or by virtue of any will,
deed, or document made before the first day of February, 1892.