R. 4:63-4 New Jersey Rules of Court, R. 4:63-4: Calculation of Investment in Lieu of Dower or Curtesy, rendered as code with every cross-reference linked

rule 4:63-4 "Calculation of Investment in Lieu of Dower or Curtesy" {
If an income from an investment is allowed in lieu of dower, curtesy or other estate referred to in R. 4:63-3, the amount of the investment shall be fixed by the court so that the income therefrom will, in its opinion and under the circumstances of the case, 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 such amount upon the basis of the net proceeds of the sale, above costs and expenses. 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 determine the clear yearly income from the premises as provided by R. 4:63-3, and then calculate the amount of the investment, basing it upon this income capitalized at 5 1/2% or at such other rate of interest as the court for good cause shown determines is appropriate.
(c) If the amount arrived at under paragraph (a) exceeds that arrived at under paragraph (b) the court shall, except in unusual circumstances, fix the amount of the investment by adding to the amount arrived at under paragraph (b), in cases of dower or curtesy, 1/2 of the excess, or in other cases 1/4 of the excess.
Note: Source-R.R. 4:81-6; paragraph (b) amended February 24, 1978 to be effective immediately as to all matters wherein final judicial review has not been exhausted; paragraph (b) amended June 29, 1990 to be effective September 4, 1990.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02