3B:15-3 - Bond where will requires bond and fails to name obligee; prosecution
3B:15-3.Ā Bond where will requires bond and fails to name obligee; prosecution
When a will nominating an executor or devising or bequeathing property to aĀ trustee by its terms requires the executor or trustee to give bond but is silent as to who shall be the obligee in the bond, the Superior Court of this State may be made the obligee therein and the bond shall be approved as to amount and sureties by, and filed with, the surrogate of the county wherein theĀ will was probated, unless the will was probated before the Superior Court, inĀ which case the bond shall, after approval, be filed with the clerk thereof.
If forfeited, the bond may be prosecuted and the money recovered thereon beĀ applied, all as in the case of other bonds of fiduciaries given to the SuperiorĀ Court.
L.1981, c. 405, s. 3B:15-3, eff. May 1, 1982.
Ā
When a will nominating an executor or devising or bequeathing property to aĀ trustee by its terms requires the executor or trustee to give bond but is silent as to who shall be the obligee in the bond, the Superior Court of this State may be made the obligee therein and the bond shall be approved as to amount and sureties by, and filed with, the surrogate of the county wherein theĀ will was probated, unless the will was probated before the Superior Court, inĀ which case the bond shall, after approval, be filed with the clerk thereof.
If forfeited, the bond may be prosecuted and the money recovered thereon beĀ applied, all as in the case of other bonds of fiduciaries given to the SuperiorĀ Court.
L.1981, c. 405, s. 3B:15-3, eff. May 1, 1982.
Ā