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Egner v. Egner

New Jersey Superior Court, Appellate Division


Decided: March 29, 1982.

ARGERO P. EGNER, PLAINTIFF-APPELLANT,
v.
CHARLES W. EGNER, II AND BETTY JANE EGNER, DEFENDANTS-RESPONDENTS

On appeal from the Superior Court of New Jersey, Chancery Division, Somerset County.

Bischoff, King and Polow.

Per Curiam

[185 NJSuper Page 2]

We 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.

19820329


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