Engler v. Wicks

264 A.D. 895, 35 N.Y.S.2d 884, 1942 N.Y. App. Div. LEXIS 5290
Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1942·Published·Cited by 1 cases

Opinion

In an action to recover the principal and interest on a bond, seemed by a mortgage on real estate, the defense is that the obligation was released by [896]*896a clause in a will. Judgment granted in favor of plaintiff, after trial by the court, without a jury, unanimously affirmed, with costs. Release clauses in wills are strictly construed. (Van Alstyne v. Van Alstyne, 28 N. Y. 375; Matter of Lee, 141 id. 58.) Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ.

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Engler v. Wicks, 264 A.D. 895, 35 N.Y.S.2d 884, 1942 N.Y. App. Div. LEXIS 5290 (N.Y. Ct. App. 1942).

264 A.D. 895 (Engler v. Wicks) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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