New Jersey Statutes 3B:22-16. Action upon refunding bond of devisee or heir
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Terms Used In New Jersey Statutes 3B:22-16
- Devisee: means any person designated in a will to receive a devise. See New Jersey Statutes 3B:1-1
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
A claimant against an estate who has failed to present his claim in due form within the time required, may bring an action in his own name without leave of court on a refunding bond given by a devisee or heir and recover the proportion of his claim which ought to be paid out of the devise or distributive share for which the bond was given.
Recovery on a refunding bond shall in no case exceed the amount actually received by the devisee or heir furnishing the bond.
L.1981, c. 405, s. 3B:22-16, eff. May 1, 1982.