2A:56-25 - Sale free from dower or curtesy;  order of court;  deed to purchaser

2A:56-25.  Sale free from dower or curtesy;  order of court;  deed to purchaser
    When real estate is ordered sold in partition proceedings and a person is entitled to a right or estate of dower or curtesy in the premises, or any part or share thereof, the court may, at the time of making the order for the sale of such premises, considering all the circumstances of the case, and having regard to the interests of all persons concerned, determine whether such right or estate shall be excepted from the sale of the premises or sold therewith, and order or enter judgment accordingly.

    If the sale of the premises including such right or estate is ordered, the estate and interest of every such person shall pass thereby, and the purchaser,  his heirs and assigns shall hold the premises free and discharged from all  claims by virtue thereof.
 
L.1951 (1st SS), c.344.