A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Source: L. 94: Entire part R&RE, p. 1008, § 3, effective July 1, 1995.
Editor's note: This section is similar to former § 15-11-609 as it existed prior to 1995.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
Part 6 - Rules of Construction Applicable Only to Wills
§ 15-11-602. Will May Pass All Property and After-Acquired Property
§ 15-11-603. Antilapse; Deceased Devisee; Class Gifts
§ 15-11-604. Failure of Testamentary Provision