New Jersey § 2a:56-12

§ 2a:56-12.

When real estate situate in this state, or an estate therein, devised upon a trust

or subject to a limitation over by way of expectancy or otherwise, by a person residing

in another state at his death, is sold in a partition proceeding, the superior court

shall, upon application and notwithstanding the estate of the devisee, trustee as

aforesaid, created or passed by the will is subject to a limitation over or is less

than an estate in fee simple, direct the proceeds of sale to be paid to such devisee,

being trustee as aforesaid, as by the provisions of the will, under the trust, is

entitled to have and hold the real estate, and to be held, accounted for and disposed

of by him in all respects as directed by the provisions of the will, and not otherwise. Nothing herein contained shall relieve the devisee, trustee as aforesaid, from the

duty of giving security, in the state of which the testator was a resident at his

death, for the faithful execution of such trust in respect to the proceeds of sale,

when required so to do by the provisions of the will or by order of a court of competent

jurisdiction in that state.