In the context of exoneration, what does the minority view allow regarding liens on real property?

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The minority view regarding exoneration of liens on real property holds that liens can be satisfied or paid off using the testator's residual estate. This means that when the testator leaves a property to a devisee (an individual receiving property through a will), any debts associated with that property, such as liens, are to be taken from the remaining assets of the estate. This view emphasizes the testator's intent to ensure that the devisee receives the property free of encumbrances, thereby protecting the devisee from needing to personally settle the liens.

In this context, it is critical to understand that the minority view contrasts with views that may place the burden of lien payment on the devisee or do not address the payment of liens through estate assets. It highlights a more generous interpretation of a testator's intentions to clarify and facilitate the transfer of property without imposing financial burdens on the recipients.

Therefore, recognizing that the minority view specifically allows for the satisfaction of liens from the estate emphasizes a considerate approach to ensuring that the devisee inherits the property unencumbered, reflecting a desire to uphold the equitable distribution of the testator's assets.

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