New Jersey § 3a:2a-73

§ 3a:2a-73.

a. Except as provided in subsection b., shares of distributees abate, without any

preference or priority as between real and personal property, in the following order:

(1) property passing by intestacy; (2) residuary devises; (3) general devises;

(4) specific devises. For purposes of abatement, a general devise charged on any specific property or

fund is a specific devise to the extent of the value of the property on which it is

charged, and upon the failure or insufficiency of the property on which it is charged,

a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property

each of the beneficiaries would have received if full distribution of the property

had been made in accordance with the terms of the will. b. If the will expresses an order of abatement, or if the testamentary plan or the

express or implied purpose of the devise would be defeated by the order of abatement

stated in subsection a., the shares of the distributees abate as may be found necessary

to give effect to the intention of the testator.