Rule 4:63-4. Calculation of Investment in Lieu of Dower or Curtesy

(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.