Section 12-1.3. Extent of liability; judgment debtor's right to indemnity and


Latest version.
  • contribution
        (a) Although subject, under paragraph (a) of 12-1.1, to a judgment  in
      the  full amount of the value of any property received by him, which may
      exceed his ratable obligation as described herein, the maximum liability
      to which a distributee or testamentary beneficiary is subject under this
      article is his ratable obligation, in the proportion that the  value  of
      the  decedent's  property  passing to him bears to the value of all such
      property passing to distributees or beneficiaries, as the case  may  be,
      within the same order of liability as his under paragraph (a) of 12-1.2.
        (b) Any person against whom a judgment is obtained under this article,
      upon payment thereof, is entitled:
        (1)  To  be  indemnified by any person prior to liability to him under
      paragraph (a) of 12-1.2, who  remains  liable  under  this  article  but
      against  whom  recovery  was  not  available  for  a reason set forth in
      subparagraph (b) (2) of 12-1.1.
        (2) To contribution, for  any  sum  paid  in  excess  of  his  ratable
      obligation  as  described  in  paragraph (a), from any person within the
      same order of liability as his under paragraph (a) of 12-1.2,  but  only
      to the extent that such person's ratable obligation is unpaid.