New Jersey Statutes 3B:23-35. Extent of recovery
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Terms Used In New Jersey Statutes 3B:23-35
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Testator: A male person who leaves a will at death.
If it appears in the action that the surplus of assets in the possession of the personal representative over debts of the testator, is sufficient to pay all devises, the full amount of the devise may be recovered with costs; but if the surplus is not sufficient therefor, an abatement shall be made as provided in N.J.S. 3B:23-12 to N.J.S. 3B:23-15.
L.1981, c. 405, s. 3B:23-35, eff. May 1, 1982.