N.J.S.A. 3B:3-40 — Words importing estate in fee not to prevent further devise

3B:3-40. Words importing estate in fee not to prevent further devise In any devise of real or personal property set forth in a will, the giving to one person of an indeterminate or other interest in the property or an estate in fee therein or absolute ownership thereof, together with a power, absolute or otherwise, to dispose of the property, shall not be construed to render void a limitation over of the property to another person which is to take effect in the event that the first named devisee shall not have disposed of the property during his lifetime. In all those cases, the testator's intent shall be given effect. L.1981, c. 405, s. 3B:3-40, eff. May 1, 1982.

This is the verbatim text of N.J.S.A. 3B:3-40, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.