§ 3B:23-39 — Deposit with court; effect.

3B:23-39. When a devise charged by will upon real estate is wholly or in part limited over: a. To minors, persons who are incapacitated, or persons not in esse; or b. To persons who cannot be ascertained until the happening of an event named in the will; or c. In a manner that the vesting of the devise may be contingent-- The Superior Court may, in a summary or other action by the executor, or a person interested in the real estate, direct the devise paid into court together with any additional sums as the court may deem reasonable to cover the expense of investing and taking charge of the devise. Upon payment into court, the real estate shall be wholly clear and discharged from the lien created by the will. amended 2013, c.103, s.53.