New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 25-23

Upon want of assets to pay debts and legacies being pleaded in such an action and if the account of the executor or administrator has not been settled, the court shall require him to account.

Judgment shall be entered and execution shall issue only for the proportion ascertained to be payable to plaintiff, but the judgment shall remain a security for the payment of the residue of the legacy and costs out of assets which may thereafter come to the hands of the executor or administrator.