Byrne v. Byrne

124 N.J. Eq. 273 | New York Court of Chancery | 1938

Per Curiam.

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 offiy, 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 Chiee-Justice, Teenchabb, Pabeee, Case, Bobine, Donges, Hehee, Peeskie, Postee, Het-EIELB, Deas, WeKLS, WOLESKEIL, RaEEEETY, WaIjKEE, JJ. 15.

For reversal — None.