New Jersey § 3a:33-1

§ 3a:33-1.

Whenever real estate is devised, conveyed to or held by (a) an executor or trustee

in trust for any person for life or until the happening of some event specified in

the instrument creating or continuing the trust, or (b) a trustee in trust with power

to sell at a specified time or upon the happening of some event, or (c) a person for

life or until the happening of some event named in the instrument creating such an

estate, and such real estate (1) is, at the time of the taking effect of the devise

or conveyance, or at any time thereafter, charged with the payment of a legacy, encumbered

with a mortgage or subject to the lien of any judgment, tax or assessment, or (2)

has been sold or shall be liable to be sold for taxes or assessments, and no adequate

provision is afforded by the estate of the testator for the discharge, satisfaction

or payment of such legacy, mortgage, judgment, tax or assessment, or none except out

of income from the real estate affected, and, because of such a situation, the interests

of the life tenant, cestui que trust or owners of the particular estate or of the

estates in remainder or reversion may be injured, impaired or lost, the superior court

may, in an action brought in a summary manner or otherwise, direct the fiduciary to

sell and convey or mortgage such real estate, or some part thereof, for such price

as the court may deem most beneficial to all parties in interest. Or the court may, when such real estate has been devised or conveyed to a person

for life or until the happening of some event named in the will, appoint under bond

a trustee to sell and convey or mortgage such real estate.