Engler v. Wicks

Appellate Division of the Supreme Court of New York

Engler v. Wicks

264 A.D. 895, 35 N.Y.S.2d 884, 1942 N.Y. App. Div. LEXIS 5290

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 29, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 895 (Engler v. Wicks) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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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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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Bluebook (online)

264 A.D. 895, 35 N.Y.S.2d 884, 1942 N.Y. App. Div. LEXIS 5290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engler-v-wicks-nyappdiv-1942.

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