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

When a will directs that all the estate whereof the testator died seized or possessed be distributed to several persons, but no power to sell and convey real estate is expressly given therein to the executor, the executor, administrator with the will annexed or substituted administrator with the will annexed, may if it is deemed necessary to convert real estate into money in order to comply with the will, apply to the superior court setting forth the facts and circumstances making sale of the real estate necessary.

Thereupon the court may, if satisfied that the necessity exists, authorize the executor or administrator with the will annexed to make either a public or private sale of the real estate and a conveyance therefor, under such terms and conditions as the court may deem proper.

A sale or conveyance made pursuant to this section shall be as good and effectual as if power to make the same had been expressly conferred on the executor by the will.