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Monday, November 10, 2014

NJSA 3B:3-40 Words Importing Estate in Fee Not to Prevent Further Devise


In any devise of real or personal property set forth in a will, the giving to one person of an indeterminate or other interest in the property or an estate in fee therein or absolute ownership thereof, together with a power, absolute or otherwise, to dispose of the property, shall not be construed to render void a limitation over of the property to another person which is to take effect in the event that the first named devisee shall not have disposed of the property during his lifetime. In all those cases, the testators intent shall be given effect.

L.1981, c. 405, s. 3B:3-40, eff. May 1, 1982.
For more information, go to http://njwillsprobatelaw.com/3b_3-40.html?id=2172&a=

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