3B:23-34 - Conditions precedent to suit for devise
3B:23-34. Conditions precedent to suit for devise
An action to recover a devise may not be maintained until:
a. The devise becomes due and payable;
b. Reasonable demand for payment is made upon the personal representative; and
c. A refunding bond in substantially the form prescribed in N.J.S. 3B:23-26 is tendered to the personal representative by the devisee, or the guardian of his estate if the devisee is an infant or a mental incompetent, and, if he refuses to accept the refunding bond, is filed with the clerk of the court, prior to the commencement of the action.
L.1981, c. 405, s. 3B:23-34, eff. May 1, 1982.