Byrne v. Byrne

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

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.