37:2-26 - Procedure on petition of wife for order authorizing conveyance; disposition of proceeds representing interest of husband
37:2-26. Procedure on petition of wife for order authorizing conveyance; disposition of proceeds representing interest of husband
If in such an action, the court shall direct that such married woman may convey her lands as aforesaid, it shall ascertain the actual money value of the estate or interest of the husband in such lands, if any, by a calculation based upon the actual cash value of said lands, and upon the expectancy of life of the said husband and wife, in the manner and according to the rules now or hereafter in use in said court. The court shall direct that the value thereof shall be paid out of the purchase-money of the said lands by the purchaser to the committee or guardian of said lunatic or incapacitated husband, duly appointed by any competent court of this State or elsewhere, to be held by him as part of the estate of such husband, or if there be no such guardian or committee, then such payment shall be made to the clerk of the court. The court shall specifically direct how much money shall be so paid and to whom such payment shall be made by said purchaser.
Amended by L.1953, c. 34, p. 606, s. 15, eff. March 19, 1953.