Byrne v. Byrne

Supreme Court of New Jersey

Byrne v. Byrne

1 A.2d 464, 124 N.J. Eq. 273, 1938 N.J. LEXIS 720

CourtSupreme Court of New Jersey

DecidedSeptember 16, 1938

StatusPublished

Cited by2 cases

This text of 1 A.2d 464 (Byrne v. Byrne) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byrne v. Byrne, 1 A.2d 464, 124 N.J. Eq. 273, 1938 N.J. LEXIS 720 (N.J. 1938).

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Opinion

We are in accord with the conclusion of the learned vice-chancellor that the annuities granted by the fourth clause of the will of Henry Byrne, deceased, are payable out of the income only, and are not a charge upon the corpus.

This is the sole question presented by the appeal; and the decree is accordingly affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 15.

For reversal — None. *Page 274

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We are in accord with the conclusion of the learned vice-chancellor that the annuities granted by the fourth clause of the will of Henry Byrne, deceased, are payable out of the income only, and are not a charge upon the corpus.

This is the sole question presented by the appeal; and the decree is accordingly affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 15.

For reversal — None. *Page 274

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1 A.2d 464, 124 N.J. Eq. 273, 1938 N.J. LEXIS 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrne-v-byrne-nj-1938.

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