The property of a testator, except as otherwise especially provided in this code and in the chapter on civil procedure must be resorted to for the payment of debts in the following order:
- 1. The property which is expressly appropriated by the will for the payment of the debts.
- 2. Property not disposed of by the will.
- 3. Property which is devised or bequeathed to a residuary legatee.
- 4. Property which is not specifically devised or bequeathed, and,
- 5. All other property ratably. Before any debts are paid, the expenses of the administration and the allowance to the family must be paid or provided for.
R.L. 1910, § 8319.