reglab/housing_qa huggingface dataset:
NJ Rev Stat § 3B:3-37 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-37 - Residuary devise to two or more residuary devisees; death of one or more before testator

3B:3-37. Residuary devise to two or more residuary devisees; death of one or more before testator  When a residuary devise shall be made to two or more persons by the will of any testator, unless a contrary intention shall appear by the will, the share of any residuary devisees dying before the testator and not saved from the lapse by N.J.S. 3B:3-35, or not capable of taking effect because of any other circumstance or cause, shall go to and be vested in the remaining residuary devisees, if any there be, and if more than one, then to the remaining residuary devisees in proportion to their respective shares in the residue. L.1981, c. 405, s. 3B:3-37, eff. May 1, 1982.
NJ Rev Stat § 3B:3-38 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-38 - Construction of words "die without issue" or "die without descendants".

3B:3-38 Construction of words "die without issue" or "die without descendants".  3B:3-38. In a devise of real or personal property the words "die without issue" or "die without descendants" or "die without lawful issue" or "die without lawful descendants" or "have no issue" or "have no descendants" or other words which may import a want or failure of issue or descendants of an individual in his lifetime, or at his death, or an indefinite failure of his issue or descendants, shall be construed to mean a failure of issue or descendants at the death of the individual, unless a contrary intention shall otherwise appear by the will. L.1981, c.405, s.3B:3-38, eff. May 1, 1982; amended 2004, c.132, s.33.
NJ Rev Stat § 3B:3-39 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-39 - Construction when "heirs and assigns" omitted from devise; fee passed

3B:3-39. Construction when "heirs and assigns" omitted from devise; fee passed  When a devise of real estate within this State to any devisee omits the words "heirs and assigns" and the will contains no expressions indicating an intent to devise only an estate for life, or the real estate is not further devised after the death of the devisee, the devise shall be deemed to pass an estate in fee simple to the devisee as if the real estate had been devised to the devisee and to his heirs and assigns forever. L.1981, c. 405, s. 3B:3-39, eff. May 1, 1982.
NJ Rev Stat § 3B:3-40 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-40 - Words importing estate in fee not to prevent further devise

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 testator's intent shall be given effect. L.1981, c. 405, s. 3B:3-40, eff. May 1, 1982.
NJ Rev Stat § 3B:3-41 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-41 - Issue and descendants to take by representation.

3B:3-41 Issue and descendants to take by representation.  3B:3-41. Issue and descendants to take by representation. Where under any governing instrument provision is made for the benefit of issue and descendants and no contrary intention is expressed, the issue or descendants shall take by representation. L.1981, c.405, s.3B:3-41, eff. May 1, 1982; amended 2004, c.132, s.34; 2005, c.160, s.6.
NJ Rev Stat § 3B:3-42 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-42 - Increase in securities, accessions.

3B:3-42 Increase in securities, accessions.  3B:3-42. a. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types: (1) securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options; (2) securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or  (3) securities of the same organization acquired as a result of a plan of reinvestment. b. Distributions in cash declared and payable as of a record date before death with respect to a described security, whether paid before or after death, are not part of the devise. L.1981, c.405, s.3B:3-42, eff. May 1, 1982; amended 2004, c.132, s.35.
NJ Rev Stat § 3B:3-43 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-43 - Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent.

3B:3-43 Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent.  3B:3-43. If specifically devised property is sold or mortgaged by a guardian for a testator, or by an agent acting within the authority of a durable power of attorney for an incapacitated individual, or if a condemnation award, insurance proceeds or recovery for injury to the property are paid to a guardian for a testator or such agent as a result of condemnation, fire or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds or the recovery. This section does not apply if subsequent to the sale, mortgage, condemnation, casualty, or recovery the guardianship is terminated or the durable power of attorney is revoked by the testator and the testator survives by 1 year the judgment terminating the guardianship or such revocation. The right of the specific devisee under this section is reduced by any right he has under N.J.S.3B:3-44. L.1981, c.405, s.3B:3-43, eff. May 1, 1982; amended 2004, c.132, s.36.
NJ Rev Stat § 3B:3-44 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-44 - Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure.

3B:3-44 Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure.  3B:3-44. A specific devisee has the right to the remaining specifically devised property in the testator's estate at death and: a. Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property; b. Any amount of a condemnation award for the taking of the property unpaid at death; c. Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for injury to, the property; and d. Property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation. L.1981, c.405, s.3B:3-44, eff. May 1, 1982; amended 2004, c.132, s.37.
NJ Rev Stat § 3B:3-45 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-45 - Exercise of power of appointment.

3B:3-45 Exercise of power of appointment.  3B:3-45. Exercise of power of appointment.  a. Unless the terms of a will, trust, or other governing instrument expressly provide otherwise, whenever such will , trust, or other governing instrument grants a power of appointment to another person, who as the power holder is authorized to further dispose of the property amongst appointees selected by the power holder, that power holder, other than a power holder acting in the capacity of a trustee or other fiduciary, shall be deemed authorized to exercise the power of appointment to create less than absolute interests for the benefit of one or more permissible appointees of the power, including interests in trust and the creation of new powers of appointment, whether general or limited, exercisable by the one or more appointees. A direction in the will, trust, or governing instrument that property subject to a power of appointment be distributed "to" an appointee, or to an appointee "outright," "in fee simple," "absolutely," "forever," or any other term, phrase, or statement of similar import, shall not be deemed to evidence the intent of the testator, settlor, or creator of the governing instrument to prohibit the exercise of a power of appointment to create less than absolute interests, including interests in trust. b. A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power. amended 2017, c.316.
NJ Rev Stat § 3B:3-46 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-46 - Ademption by satisfaction.

3B:3-46 Ademption by satisfaction.  3B:3-46. a. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the value of the gift is to be deducted from the value of the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise. b. For purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first. c. If the devisee fails to survive the testator, in the case of a substituted devise or a devise saved from lapse, the gift is treated as a full or partial satisfaction of the devise, as appropriate, unless the testator's contemporaneous writing provides otherwise. L.1981, c.405, s.3B:3-46, eff. May 1, 1982; amended 2004, c.132, s.38.
NJ Rev Stat § 3B:3-47 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-47 - Penalty clause for contesting will

3B:3-47. Penalty clause for contesting will  A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. L.1981, c. 405, s. 3B:3-47, eff. May 1, 1982.
NJ Rev Stat § 3B:3-48 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-48 - Construction of generic terms included in class gift terminology.

3B:3-48 Construction of generic terms included in class gift terminology.  3B:3-48. a. Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are construed to include both types of relationships. b. In addition to the requirements of subsection a., in construing a donative disposition by a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse or surviving spouse. c. In addition to the requirements of subsection a., in construing a dispositive provision by a transferor who is not the adoptive parent, an adopted individual is not considered the child of the adoptive parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adoptive parent. L.1981, c.405, s.3B:3-48, eff. May 1, 1982; amended 2004, c.132, s.39.
NJ Rev Stat § 3B:3-49 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:3-49 - Effect of final order of court of another state admitting will to probate or determining validity or construction

3B:3-49. Effect of final order of court of another state admitting will to probate or determining validity or construction  A final order of a court of another state admitting a will to probate or determining the validity or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this State if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made. L.1981, c. 405, s. 3B:3-49, eff. May 1, 1982.
NJ Rev Stat § 3B:4-1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:4-1 - Short title

3B:4-1. Short title  This chapter shall be known and may be cited as the "New Jersey Testamentary Additions to Trusts Law." L.1981, c. 405, s. 3B:4-1, eff. May 1, 1982.
NJ Rev Stat § 3B:4-2 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:4-2 - Devise to trustee of trust created other than by testator's will.

3B:4-2 Devise to trustee of trust created other than by testator's will.  3B:4-2. A will may validly devise property to the trustee of a trust established or a trust which will be established: (1) during the testator's lifetime by the testator, or by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (2) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will, and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will, executed before, concurrently with or after the execution of the testator's will, if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.  L.1981, c.405, s.3B:4-2, eff. May 1, 1982; amended 2004, c.132, s.40.
NJ Rev Stat § 3B:4-3 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:4-3 - Devise not invalidated because trust is amendable or revocable.

3B:4-3 Devise not invalidated because trust is amendable or revocable.  3B:4-3. A devise made as provided in N.J.S.3B:4-2 shall not be invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. L.1981, c.405, s.3B:4-3, eff. May 1, 1982; amended 2004, c.132, s.41.
NJ Rev Stat § 3B:4-4 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:4-4 - Administration of trust.

3B:4-4 Administration of trust.  3B:4-4. Unless the testator's will provides otherwise, property devised to a trust described in N.J.S.3B:4-2 shall not be deemed to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is devised and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death. L.1981, c.405, s.3B:4-4, eff. May 1, 1982; amended 2004, c.132, s.42.
NJ Rev Stat § 3B:4-5 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:4-5 - Lapse of devise.

3B:4-5 Lapse of devise.  3B:4-5. Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. L.1981, c.405, s.3B:4-5, eff. May 1, 1982; amended 2004, c.132, s.43.
NJ Rev Stat § 3B:5-1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:5-1 - Requirement that heir survive decedent by 120 hours.

3B:5-1 Requirement that heir survive decedent by 120 hours.  3B:5-1. For the purposes of intestate succession an individual who is not established by clear and convincing evidence to have survived the decedent by 120 hours is deemed to have predeceased the decedent. This section is not to be applied where its application would result in a taking of intestate estate by the State. L.1981, c.405, s.3B:5-1, eff. May 1, 1982; amended 2004, c.132, s.44.
NJ Rev Stat § 3B:5-2 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:5-2 - Intestate estate.

3B:5-2 Intestate estate.  3B:5-2. a. Any part of the decedent's estate not effectively disposed of by his will passes by intestate succession to the decedent's heirs as prescribed in N.J.S.3B:5-3 through N.J.S.3B:5-14, except as modified by the decedent's will. b. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share. L.1981, c.405, s.3B:5-2, eff. May 1, 1982; amended 2004, c.132, s.45.
NJ Rev Stat § 3B:5-3 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:5-3 - Intestate share of decedent's surviving spouse or domestic partner.

3B:5-3 Intestate share of decedent's surviving spouse or domestic partner.  3B:5-3. Intestate share of decedent's surviving spouse or domestic partner. The intestate share of the surviving spouse or domestic partner is: a. The entire intestate estate if: (1) No descendant or parent of the decedent survives the decedent; or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent; b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate: (1) If all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or (2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner. L.1981, c.405, s.3B:5-3, eff. May 1, 1982; amended 2004, c.132, s.46; 2005, c.331, s.2.
NJ Rev Stat § 3B:5-4 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:5-4 - Intestate shares of heirs other than surviving spouse or domestic partner.

3B:5-4 Intestate shares of heirs other than surviving spouse or domestic partner.  3B:5-4. Intestate shares of heirs other than surviving spouse or domestic partner. Any part of the intestate estate not passing to the decedent's surviving spouse or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse or domestic partner, passes in the following order to the individuals designated below who survive the decedent: a. To the decedent's descendants by representation; b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent, except as provided in section 4 of P.L.2009, c.43 (C.3B:5-14.1); c. If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation; d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half; e. If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; f. If there are no surviving descendants of grandparents, then the decedent's step-children or their descendants by representation. Amended 2004, c.132, s.47; 2005, c.331, s.3; 2009, c.43, s.3.
NJ Rev Stat § 3B:5-5.1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:5-5.1 - Diligent inquiry by fiduciary to find heirs.

3B:5-5.1 Diligent inquiry by fiduciary to find heirs.  1. If it appears to a fiduciary administering an intestate estate that there may be individuals whose names or addresses are unknown who may be entitled to participate in the distribution of the estate, the fiduciary shall make a diligent inquiry, under the circumstances, to identify and locate the individuals. The actions taken by a fiduciary shall be those that have some reasonable likelihood of finding the individuals and are reasonable in cost compared with the amount of the distribution involved. L.2001,c.109,s.1; amended 2004, c.132, s.48.