Rules of Court · Part 4 · New Jersey

R. 4:94-1 New Jersey Rules of Court, R. 4:94-1: Action for Sale, rendered as code with every cross-reference linked

Action for Sale

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

A general guardian of the person or property of a minor or mentally incapacitated person or, if the general guardian shall fail to act or has an adverse interest or other good cause exists, a guardian ad litem appointed by the court after notice to the general guardian, or any person having a vested interest in lands in which a minor, mentally incapacitated person, or person not in being has an interest, may bring an action in the Superior Court for the sale or other disposition of the property of the minor, mentally incapacitated person or person not in being. Nothing in these rules shall be deemed to authorize the sale or other disposition of any property contrary to the provisions of any will or conveyance by which the same were bequeathed, devised or granted to or for the benefit of the minor or mentally incapacitated person.

Note: Source-R.R. 4:84-1 (first sentence), 4:84-2 (fifth sentence). Amended July 7, 1971 to be effective September 13, 1971; amended July 22, 1983 to be effective September 12, 1983; former R. 4:66-1 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; R. 4:94 caption amended, and text of R. 4:94-1 amended July 12, 2002 to be effective September 3, 2002.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 4:94-1 "Action for Sale" {
A general guardian of the person or property of a minor or mentally incapacitated person or, if the general guardian shall fail to act or has an adverse interest or other good cause exists, a guardian ad litem appointed by the court after notice to the general guardian, or any person having a vested interest in lands in which a minor, mentally incapacitated person, or person not in being has an interest, may bring an action in the Superior Court for the sale or other disposition of the property of the minor, mentally incapacitated person or person not in being. Nothing in these rules shall be deemed to authorize the sale or other disposition of any property contrary to the provisions of any will or conveyance by which the same were bequeathed, devised or granted to or for the benefit of the minor or mentally incapacitated person.
Note: Source-R.R. 4:84-1 (first sentence), 4:84-2 (fifth sentence). Amended July 7, 1971 to be effective September 13, 1971; amended July 22, 1983 to be effective September 12, 1983; former R. 4:66-1 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; R. 4:94 caption amended, and text of R. 4:94-1 amended July 12, 2002 to be effective September 3, 2002.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-12; corpus harvested 2026-09-02

R. 4:94-2 → · chapter 4:94 · 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.