Defense to action on fiduciary's bond in certain cases

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3B:22-17. Defense to action on fiduciary's bond in certain cases

A fiduciary, who has received a devise or distributive share from a personal representative and has given a refunding bond therefor, may set up in absolute bar to an action on the bond, that he has lawfully paid out and distributed the devise or distributive share to the person entitled thereto, and has taken a refunding bond therefor from that person. If the fiduciary has paid out a part only of the devise or distributive share and has taken a similar refunding bond therefor, he may defend in like manner as to the part so paid or distributed.

L.1981, c. 405, s. 3B:22-17, eff. May 1, 1982.


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