§ 29-1-17-9 — Specific devise; liens

(a) As used in this section, "lien" refers to a
mortgage, pledge, security interest, or other lien.
(b) When any real or personal property subject to a lien is
specifically devised, the devisee shall take the devised property subject
to the lien unless the will provides expressly or by necessary
implication that the lien be otherwise paid. If the holder of a lien
receives payment on a claim based upon the obligation secured by the
lien, the devise which was subject to the lien shall be charged with the
reimbursement to the estate of the amount of the payment for the
benefit of the distributees entitled to the devise, unless the will
provides expressly or by necessary implication that the payment be
charged against the residue of the estate.
(c) For purposes of this section, a general directive in a will to pay
debts does not imply an intent that a devise of property subject to a lien
be distributed free from the lien.
Formerly: Acts 1953, c.112, s.1709. As amended by
P.L.51-2014, SEC.6.