264 A.D. 940 | N.Y. App. Div. | 1942
Decree affirmed, with costs payable out of the estate. Memorandum; The provision in paragraph “ Fifth ” of decedent’s will, which directs that the trustee “ pay over in monthly installments to my son, Harold O. Chamberlin,such amount of the principal of this trust as together with the income from the trust will equal the sum of Eighty ($80.00) Dollars per month,” constitutes a gift of specific amounts payable out of both income and principal and such gift, or annuity, does not come within the prohibitions against alienation thereof, which