Opinion
June 29, 1942.
Present — Lazansky, P.J., Johnston, Adel, Taylor and Close, JJ.
In an action to recover the principal and interest on a bond, secured by a mortgage on real estate, the defense is that the obligation was released by 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.)