Rules of Court · Part 4 · New Jersey
R. 4:63-3 New Jersey Rules of Court, R. 4:63-3: Calculation of Gross Sum in Lieu of Dower or Curtesy, rendered as code with every cross-reference linked
Calculation of Gross Sum in Lieu of Dower or Curtesy
The gross sum to be allowed in lieu of dower or curtesy or an estate for life or years devised in lieu of dower or curtesy shall be fixed by the court at such an amount as, in its opinion and under the circumstances of the case, will provide a reasonable satisfaction for the dower or other interest. In fixing that amount, the court shall proceed after the sale as follows:
(a) The court shall calculate the value of the dower or other interest upon the basis of the net proceeds of the sale, above costs and expenses, applying the principle of life annuities and using the table printed in the Appendix to these rules. Except in unusual circumstances, the amount fixed by the court shall not be greater than that arrived at under this paragraph.
(b) The court shall also calculate the value of the dower or other interest upon the basis of the clear yearly income from the premises, applying the same principle and using the same table. In ascertaining the clear yearly income, allowance shall be made for insurance, taxes and all repairs necessary to keep the premises in as good a condition as at the sale, including the renewal of any part of the buildings thereon required, because of deterioration or ordinary wear and tear.
(c) If the interest on the net proceeds of sale at 5 1/2% or at such other interest rate as the court determines on good cause shown is appropriate, exceeds the clear yearly income, the amount fixed by the court shall, except in unusual circumstances, be determined by adding to the amount arrived at under paragraph (b), in cases of dower or curtesy, 1/2 - or in other cases, 1/4 - of the difference between the amount arrived at under paragraph (a) and the amount arrived at under paragraph (b).
(d) The court shall make inquiry as to the health of the person entitled to the dower or other interest and shall reduce the gross sum accordingly if such person does not have an average life expectancy.
Note: Source-R.R. 4:81-5; paragraph (c) amended to be effective immediately [February 24, 1978] as to all matters wherein final judicial review has not been exhausted; paragraph (c) amended June 29, 1990 to be effective September 4, 1990.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:63-3 "Calculation of Gross Sum in Lieu of Dower or Curtesy" {
The gross sum to be allowed in lieu of dower or curtesy or an estate for life or years devised in lieu of dower or curtesy shall be fixed by the court at such an amount as, in its opinion and under the circumstances of the case, will provide a reasonable satisfaction for the dower or other interest. In fixing that amount, the court shall proceed after the sale as follows:
(a) The court shall calculate the value of the dower or other interest upon the basis of the net proceeds of the sale, above costs and expenses, applying the principle of life annuities and using the table printed in the Appendix to these rules. Except in unusual circumstances, the amount fixed by the court shall not be greater than that arrived at under this paragraph.
(b) The court shall also calculate the value of the dower or other interest upon the basis of the clear yearly income from the premises, applying the same principle and using the same table. In ascertaining the clear yearly income, allowance shall be made for insurance, taxes and all repairs necessary to keep the premises in as good a condition as at the sale, including the renewal of any part of the buildings thereon required, because of deterioration or ordinary wear and tear.
(c) If the interest on the net proceeds of sale at 5 1/2% or at such other interest rate as the court determines on good cause shown is appropriate, exceeds the clear yearly income, the amount fixed by the court shall, except in unusual circumstances, be determined by adding to the amount arrived at under paragraph (b), in cases of dower or curtesy, 1/2 - or in other cases, 1/4 - of the difference between the amount arrived at under paragraph (a) and the amount arrived at under paragraph (b).
(d) The court shall make inquiry as to the health of the person entitled to the dower or other interest and shall reduce the gross sum accordingly if such person does not have an average life expectancy.
Note: Source-R.R. 4:81-5; paragraph (c) amended to be effective immediately [February 24, 1978] as to all matters wherein final judicial review has not been exhausted; paragraph (c) amended June 29, 1990 to be effective September 4, 1990.
}
referenced_by: 4:63-4
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02← R. 4:63-2 · R. 4:63-4 → · chapter 4:63 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.