Dealings in General: Payment of Debts, Expenses, and

Family Allowance of Testate Decedent; Provision by Will; Order of Resort to Estate Assets for Such Purposes. If a testator makes provision by will, or designates the estate to be appropriated, for the payment of his debts, the expenses of COL120106 CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY administration, or family allowance, they must be paid according to such provision or out of the estate thus appropriated, so far as the same is sufficient. If insufficient, that portion of the estate not disposed of by the will, if any, must be appropriated for that purpose; and if that is not sufficient, the property given to residuary legatees and devisees, and thereafter all other property devised and bequeathed, is liable for the same, in proportion to the value or amount of the several devises and legacies, but specific devises and legacies are exempt from such liability if it appears to the Superior Court that such exemption is necessary to carry into effect the intention of the testator, and there is other sufficient estate.