New Jersey § 3B:3-39 Construction when  "heirs and assigns"  omitted from devise; fee passed

New Jersey Statutes

§ 3B:3-39 — Construction when "heirs and assigns" omitted from devise; fee passed

New Jersey § 3B:3-39

Title 3BADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

This text of New Jersey § 3B:3-39 (Construction when "heirs and assigns" omitted from devise; fee passed) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 3B:3-39 (2026).

Text

When a devise of real estate within this State to any devisee omits the words "heirs and assigns" and the will contains no expressions indicating an intent to devise only an estate for life, or the real estate is not further devised after the death of the devisee, the devise shall be deemed to pass an estate in fee simple to the devisee as if the real estate had been devised to the devisee and to his heirs and assigns forever. L.1981, c. 405, s. 3B:3-39, eff. May 1, 1982.

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When a devise of real estate within this State to any devisee omits the words "heirs and assigns" and the will contains no expressions indicating an intent to devise only an estate for life, or the real estate is not further devised after the death of the devisee, the devise shall be deemed to pass an estate in fee simple to the devisee as if the real estate had been devised to the devisee and to his heirs and assigns forever. L.1981, c. 405, s. 3B:3-39, eff. May 1, 1982.