Extent of recovery

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3B:23-35. Extent of recovery

If it appears in the action that the surplus of assets in the possession of the personal representative over debts of the testator, is sufficient to pay all devises, the full amount of the devise may be recovered with costs; but if the surplus is not sufficient therefor, an abatement shall be made as provided in N.J.S. 3B:23-12 to N.J.S. 3B:23-15.

L.1981, c. 405, s. 3B:23-35, eff. May 1, 1982.


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