TaiLexi AI U.S. Case Law

Engler v. Wicks

Clifton R. Engler and Alfred J. Loew, as Executors, etc., of Theresa Wicks v. George Wicks, and Others

Engler v. Wicks, 264 A.D. 895 (1942)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 29, 1942
Citations
264 A.D. 89535 N.Y.S.2d 8841942 N.Y. App. Div. LEXIS 5290

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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 a 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1952: 119522026peak 1952 · 1

Relies on it most ⓘ

  1. In re the Accounting of Cummings203 Misc. 585 (N.Y. Sur. Ct. 1952)

Most recent

  1. In re the Accounting of Cummings203 Misc. 585 (N.Y. Sur. Ct. 1952)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Van Alstyne v. Van Alstyne, 28 N.Y. 375 (1863) 20

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list