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IN RE ESTATE OF WELFARE

91 N.J. Super. 500 (1966)

221 A.2d 545

IN THE MATTER OF THE ESTATE OF ALBERT H. WELFARE, DECEASED. ERNEST WELFARE AND VIOLET ROGAN, PLAINTIFFS-RESPONDENTS, v. NORMA B. PRESTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1966.

Attorney(s) appearing for the Case

Mr. Charles A. Cohen argued the cause for appellant (Messrs. Worth & Worth, attorneys).

Mr. Allen L. Scott argued the cause for respondents (Mr. James Logan, Jr., attorney).

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

Both sides on this appeal agree with the legal principle that when two pieces of real estate, each subject to the same mortgage, are conveyed to different parties on the same date, absent any provision to the contrary the mortgage debt is apportionable between the properties conveyed in proportion to their value at the time of the conveyance. Stuyvesant Security Co. v. Dreyer, 103 N.J. Eq. 457 (Ch. Div. 1928), affirmed o.b. 105

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