46:16-5 - Informal instruments referred to in recorded deed or proved will
46:16-5. Informal instruments referred to in recorded deed or proved will
46:16-5. When any writing, however informal, made to declare or to direct any use or trust of real estate, is referred to in any duly acknowledged or proved, certified and recorded deed or in any will, duly proved and recorded, or though made for some other purpose, is yet, by the terms of such deed or will, referring thereto, made to operate as such a declaration or direction, such writing, not being susceptible of being acknowledged or proved according to law, may be recorded, without acknowledgment or proof, if satisfactory proof shall be made before the Superior Court which proof shall be evidenced by a certificate of the judge of such court, indorsed upon such writing over his signature, that the writing so offered to be recorded is the identical writing so referred to in such deed or will. Ten days' notice of the application to the Superior Court to prove any such writing shall be given by publication in a newspaper published in such county, or, if there be no such newspaper, in a newspaper circulating in such county.
Amended 1953,c.44,s.6; 1991,c.91,s.463.