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Current as of January 01, 2024 | Updated by Findlaw Staff
When it shall appear to the satisfaction of the superior court that a person entitled to an inchoate or consummate right or estate of dower or curtesy, whether in possession or not, is incapacitated by mental infirmity or disease from executing a valid release or relinquishment of the same or from joining in a conveyance or mortgage thereof, and that the interest of such person and the owner of the real estate, the remaindermen as well as those in possession, require and will be promoted by a sale or mortgage of the same, the court, in an action brought in a summary manner or otherwise, may direct such release, relinquishment or joinder to be made by any officer or person designated by the court for that purpose.
The release, deed or mortgage so executed in behalf of such person shall release and bar all right or estate of dower or curtesy in the real estate therein mentioned.
Cite this article: FindLaw.com - New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 38-1 - last updated January 01, 2024 | https://codes.findlaw.com/nj/appendix-former-title-3a-administration-of-estates-decedents-and-others/nj-st-sect-3a-38-1/
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