Where a person dies possessed of or entitled to, or under a general power of appointment (including the statutory power to dispose of entailed interests) by his will disposes of, an interest in the property, which at the time of his death is charged with the payment of money, whether by way of legal 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 change on the whole thereof.
Such contrary or other intention shall not be deemed to be signified;
- By a general direction for the payment of debts or of all the debts of the testator out of his estate, or his residuary real and personal estate, or his residuary real estate, or
- By a charge of debts upon any such estate,
Unless the such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge.
The above position does not affect 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.