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Section: Citation of, pleading or otherwise referring to legislation contained in Revised Statutes or New Jersey Statutes

Statute: 46:16-5.1

When a fiduciary who acted or is acting under a trust instrument which has not been acknowledged or proved, other than a will or codicil, has acquired or shall acquire, title to or any right, title or interest in, real property in this State, the trust instrument may, solely for the purpose of publicly recording the terms of the trust instrument, be recorded as a deed in the office of the county recording officer of the county in which the real property is situated, notwithstanding that the trust instrument has not been acknowledged or proved; and after recording, the trust instrument shall not be kept in such office notwithstanding that the instrument may be an ancient deed as defined in section 46:16-7 of this Title; provided, however, that no such trust instrument shall be so recorded unless there shall be indorsed thereon or annexed thereto, either, a duly executed affidavit made by the fiduciary to the effect that the instrument on which the affidavit is indorsed or to which the affidavit is annexed is the original trust instrument or a duplicate original thereof and that the trust instrument was duly executed and delivered by the person who created or established the trust, or a duly executed affidavit made by anyone having an interest in the trust to the effect that the instrument on which the affidavit is indorsed or to which the affidavit is annexed is the original trust instrument or a duplicate original thereof and that the trust instrument was duly executed and delivered by the person who created or established the trust and stating the interest in the trust of the one making the affidavit. L.1943, c. 147, p. 399, s. 1, eff. April 8, 1943.

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