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28-26-105. Devise of encumbered property.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-26-105. Devise of encumbered property.
A valid charge or encumbrance upon any property shall not revoke any provision of a previously executed will relating to the same property. However, the devisee shall take the property subject to the charge or encumbrance, the discharge of which will be governed by the provisions of § 28-53-113.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-26-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-26-105
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f23c0add86419eb75b3be22d0a61cd0e5466c30b76131a820fb22aa2177b846d
Source location: content.xml paragraph 3109
Stored source content
28-26-105. Devise of encumbered property.
A valid charge or encumbrance upon any property shall not revoke any provision of a previously executed will relating to the same property. However, the devisee shall take the property subject to the charge or encumbrance, the discharge of which will be governed by the provisions of § 28-53-113.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-53-113. Exoneration of encumbered property.
As between the distributees, secured debts shall be discharged out of the general assets of the estate, subject to the right of a decedent to provide otherwise by will. However, nothing in this section shall preclude a secured creditor from having recourse to his or her security for satisfaction of the debt.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-53-113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-53-113. This identifies an authority to review, not proof of applicability.