Search Rutgers Law Library N.J. Court Opinions

1 IMO THE ESTATE OF CHARLES A. ZAHN, DECEASED -- rank: 1000

... and she was not subject to the nonexoneration provisions of N.J.S.A. 3B:25-1, which provides:         When property subject to a mortgage or security ... was not an heir or devisee within the definition of N.J.S.A. 3B:25-1, and Zahn's will did not expressly direct her to ... Defendant filed an answer and counterclaim claiming the applicability of N.J.S.A. 3B:25-1 and that plaintiff is solely and personally responsible for paying ... We will explain.     Defendant contends that the common law and N.J.S.A. 3B:25-1 and its predecessor N.J.S.A. 3:26A-1 ... widows asserting their right of dower in the encumbered property. N.J.S.A. 3B:25-1 and the earlier enactment extinguished the right of exoneration for ... court of this State, prior to the 1924 statute, now N.J.S.A. 3B:25-1.     Defendant reasons that since N.J.S.A. 3B: ...

docket:	a4074-96
court:	njappellate
decided:	1997-10-21
status:	published
citation:	305 N.J.Super. 260
Document Size:	30899

2 INVESTORS SAVINGS BANK, INC v. GLORIA SITZMAN -- rank: 779

... in rendering her decision on plaintiff's summary judgment motion. N.J.S.A. 3B:25-1 provides in pertinent part: When property subject to a mortgage ... Pub. L. 2004, c. 132 (effective February 27, 2005). Interpreting N.J.S.A. 3B:25-1 before its most recent amendment, but when the operative language ... already part of the statutory scheme, we noted, According to N.J.S.A. 3B:25-1, when an heir or devisee takes property that is subject ... for the mortgage or secured debt, unless, as stated in N.J.S.A. 3B:25-1, the will of the testator expressly or impliedly directs payment ... does not matter since "the common law . . ., after adoption of N.J.S.A. 3B:25-1, only recognizes exoneration for widows claiming their right to dower ... matter. The 2005 amendment added only the last sentence of N.J.S.A. 3B:25-1 "to make it clear that 'general direction in the ...

docket:	a0183-08
court:	superior court appellate division
decided:	2010-06-18
status:	unpublished
citation:
Document Size:	44529

3 In the Matter of the Estate of Theodore M. Payne, Deceased -- rank: 669

... note also, that at the time of Payne’s death, N.J.S.A. 3B:25-1 provided that “unless the Will of the testator shall expressly ...

docket:	a-12-05
court:	njsupreme
decided:	2006-04-20
status:
citation:	*CITE_PENDING*
Document Size:	49902