35Charges on property of deceased to be paid primarily out of the property charged

### 35 Charges on property of deceased to be paid primarily out of the property charged > > (1)  Where a person dies possessed of, or entitled to, or under a general power of appointment by his will disposes of, an interest in property which at the time of his death is charged with the payment of money, whether by way of mortgage, equitable charge, or otherwise, including a lien for unpaid purchase money, and the deceased has not, by will, deed, or other document, signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof. > > > (2)  Such contrary or other intention shall not be deemed to be signified by – > > > > > > (a) a general direction for the payment of debts or of all the debts of the testator out of his personal estate, or his residuary real and personal estate, or his residuary real estate; or > > > > > > > (b) a charge of debts upon any such estate – > > > > unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge. > > > (3)  Nothing in this section affects the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.