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EGNER v. EGNER

183 N.J. Super. 326 (1982)

443 A.2d 1104

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

Superior Court of New Jersey, Chancery Division Somerset County.

Decided January 27, 1982.

Attorney(s) appearing for the Case

Gordon C. Strauss for plaintiff (Strauss, Wills, O'Neill & Voorhees, attorneys).

George W. Fisher for defendants (Mason, Griffin & Pierson, attorneys).

DREIER, J.S.C.

The novel issue raised in this case is whether a "due on transfer" clause in a mortgage instrument is triggered by the transfer of the mortgaged property by operation of law, or, more specifically, by its devolution by devise or descent.1 The issue is presented in the context of plaintiff's claim for exoneration of the mortgage on real property in which she has inherited...

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