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Current as of January 01, 2024 | Updated by Findlaw Staff
Whereas it is sometimes practiced to the defrauding of creditors, that such persons as are entitled to the administration of the goods of an intestate, if they require it, will not accept the same, but suffer or procure the administration to be granted to others of indigent circumstances, from whom they, or others, by their means, by deeds of gifts, or by letters of attorney, obtain the estate of the intestate into their hands, and yet be not subject to the payment of the debts of the intestate, and so the creditors cannot have or recover their just debts and demands; therefore, if any person shall obtain, receive and have, any goods or debts of an intestate, or a release or other discharge of any debt or duty due the intestate, upon any fraud as aforesaid, or without such valuable consideration as shall amount to the value of such goods or debts, or near thereabouts except it be in or towards satisfaction of some just debt, of the value of the same goods or debts, to him owing by the intestate at the time of his decease, such person shall be charged and chargeable as executor of his own wrong so far only, as all such goods and debts coming to his hands, or whereof he is released or discharged by such administrator, will satisfy. However he shall not be charged for those just debts, contracted without fraud and upon a good consideration, which are owing to him by the intestate at the time of his decease, nor for payments made by him which lawful executors or administrators ought to pay.
Cite this article: FindLaw.com - New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 6-12 - last updated January 01, 2024 | https://codes.findlaw.com/nj/appendix-former-title-3a-administration-of-estates-decedents-and-others/nj-st-sect-3a-6-12/
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