(755 ILCS 5/20-19) (from Ch. 110 1/2, par. 20-19)
Sec. 20-19.
No exoneration of encumbered interests in real estate.) Except
as otherwise expressly provided by decedent's will:
(a) When any real estate or leasehold estate in real estate subject to an encumbrance,
or any beneficial interest under a trust of real estate or leasehold estate
in real estate
subject to an encumbrance, is specifically bequeathed or passes by joint
tenancy with right
of survivorship or by the terms of a trust agreement or other nontestamentary
instrument,
the legatee, surviving tenant or beneficiary to whom the real estate, leasehold
estate or
beneficial interest is given or passes, takes it subject to the encumbrance and is not
entitled to have the indebtedness paid from other real or personal estate
of the decedent.
(b) If the representative pays all or any part of the indebtedness from assets
other than the real estate, leasehold estate or beneficial interest or the income or
proceeds therefrom, he is entitled to reimbursement from the legatee, surviving
tenant or beneficiary and, in the event of nonreimbursement, the court may adjudge a
lien on the real estate, leasehold estate or beneficial interest for the amount so paid
with interest.
(c) If the encumbrance embraces or extends to other property, the reimbursement shall
be limited to the portion of the amount paid by the representative which
the value of the
real estate, leasehold interest or beneficial interest bears to the value
of all property
subject to the encumbrance as of the date of the decedent's death.
(Source: P.A. 79-328.)
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