185 N.J. Super. 1 - Egner v. Egner

How this case has been cited

Cited by 7 later decisions — most recently March 2013

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *2 Before Judges BISCHOFF, KING and POLOW.

¶2Strauss, Wills, O'Neill & Voorhees, for appellant (Gordon C. Strauss on the brief and the supplemental brief).

¶3Mason, Griffin & Pierson, for respondents (George W. Fisher of counsel and on the brief).

¶4PER CURIAM.

¶5We granted plaintiff's application for leave to appeal an interlocutory trial court determination and have elected to consider the merits of the appeal on the motion papers and such additional papers as submitted by the parties. R. 2:11-2; R. 2:8-3(b). Plaintiff challenges Judge Dreier's determination that a "due on transfer" clause in a real estate mortgage is not triggered "by its devolution by devise or descent." Thus the obligation to satisfy the balance of the mortgage debt due as of the death of the testator rests upon the devisee rather than upon the estate as plaintiff would have it. We affirm, 183 N.J. Super. 326, substantially for the reasons expressed by Judge Dreier in his written opinion of January 27, 1982.