3B:2-5. Disputes or doubts in proceedings before the surrogate
In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither he nor the court shall take any further action therein, except in accordance with the order of the Superior Court.
Tuesday, December 23, 2008
3B:2-4. Proceedings in Superior Court on order to show cause
3B:2-4. Proceedings in Superior Court on order to show cause
The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner.
The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner.
3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review in any order, determination or judgment of the surrogate or the surrogate's court of county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of, as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county.
The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review in any order, determination or judgment of the surrogate or the surrogate's court of county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of, as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county.
3B:2-2. General authority of Superior Court as to probate matters
3B:2-2. General authority of Superior Court as to probate matters
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
3B:2-1. Jurisdiction of Superior Court not affected
3B:2-1. Jurisdiction of Superior Court not affected
The provisions of this title are not intended and shall not be so contrued as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
The provisions of this title are not intended and shall not be so contrued as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
3B: 1-9 Effect of fraud and evasion
3B: 1-9 Effect of fraud and evasion
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser or lender) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commision of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affeccts the succession of his estate.
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser or lender) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commision of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affeccts the succession of his estate.
3B: 1-8 Application of title to wills
3B: 1-8 Application of title to wills
The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978.
The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978.
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