New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 33-2

The sale or mortgage pursuant to section 3A:33-1 of this title shall be free and clear of any interest of the cestui que trust and owners of the real estate.

The proceeds of the sale or mortgage shall be used to discharge and satisfy the legacy, mortgage, judgment, tax or assessment and interest thereon, together with the costs and expenses of sale or the procurement of the mortgage loan. Any surplus shall be held by the executor, trustee or other person in accordance with the provisions of the instrument creating or continuing such estates or trust, in such manner as the court may direct.