37(1)Where a person dies seised, possessed of, or entitled to an estate or interest in land, which shall, at the time of his death, be charged with the payment of a sum of money by way of mortgage or any other equitable charge, including a lien for unpaid purchase money, and such person does not by his will, deed or other document signify a contrary or other intention, the heir, devisee or legatee to whom the land descends or is devised or bequeathed is not entitled to have the sum discharged or satisfied out of the personal estate, or any other real estate of such person, but the land so charged is, as between the different persons claiming through or under the deceased person, primarily liable for the payment of all sums of money with which it is charged, every part thereof according to its value bearing a proportionate part of the sums charged on the whole thereof.

37(2)In the construction of a will, a general direction that all the debts of the testator shall be paid out of his personal estate shall not be deemed to be a declaration of such contrary or other intention, unless such contrary or other intention shall be further declared by words expressly or by necessary implication referring to all or some of the testator’s debts or debt charged on any part of his real estate, nor shall such contrary intention be deemed to be signified by a charge of, or a direction for the payment of, debts upon or out of residuary real or personal estate, or residuary real estate.

37(3)Nothing herein affects or diminishes any right of the person entitled to such sum of money so charged on such lands to obtain full payment or satisfaction of such sum either out of the personal estate of the person so dying or otherwise.

37(4)Nothing contained in this section affects the rights of any person claiming under or by virtue of any will, deed or document made before July 1, 1904.