Engler v. Wicks

¶1In 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 *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.