2010 Massachusetts Code
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
CHAPTER 191 WILLS
Section 23 Specific devises or bequests subject to security interests
[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 10. See 2008, 521, Sec. 44.]
Section 23. A specific devise of real estate or a specific bequest of personal property subject to a security interest given by the testator, unless the contrary shall plainly appear by his will, shall be deemed to be the devise or bequest of the interest only which the testator had at the time of his decease in such real estate or personal property over and above such security interest, and if the note or obligation of the testator secured by such security interest be paid out of his other property after his decease, the executor of his will or the administrator with the will annexed of his estate shall, at the request of any person interested and by leave of the probate court, sell such real estate specifically devised or such personal property specifically bequeathed for the purpose of satisfying the estate of the testator for the amount so paid, together with the costs and expenses thereof.
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