Byrne v. Byrne

Supreme Court of New Jersey September 16, 1938

Byrne v. Byrne, 1 A.2d 464 (N.J. 1938)

124 N.J. Eq. 273; 1938 N.J. LEXIS 720

PER CURIAM.

Opinion of the Court

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

Reference

Full Case Name: Henry J. Byrne, Co-Executors and Co-Trustees Under the Last Will and Testament of Henry Byrne, Complainants-Respondents v. Henry J. Byrne, and Henry J. Byrne, Defendants-Respondents.
Cited By: 2 cases
Status: Published