exoneration

exoneration (eg-zon-[schwa]-ray-sh[schwa]n).

1. The removal of a burden, charge, responsibility, or duty.

2. The right to be reimbursed by reason of having paid money that another person should have paid.

3. The equitable right of a surety — confirmed by statute in many states — to proceed to compel the principal debtor to satisfy the obligation, as when, even though the surety would have a right of reimbursement, it would be inequitable for the surety to be compelled to perform if the principal debtor can satisfy the obligation. • When a testator leaves a gift of property encumbered by a mortgage or lien, the doctrine of exoneration operates to satisfy the encumbrance from the general assets of the estate. Many states have abandoned the common-law rule in favor of exoneration. See EQUITY OF EXONERATION; QUIA TIMET . [Cases: Principal and Surety 179. C.J.S. Principal and Surety § 227.]


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