Byrne v. Byrne
Byrne v. Byrne
1 A.2d 464; 124 N.J. Eq. 273; 1938 N.J. LEXIS 720
(Atlantic Reporter, Second Series)
Byrne v. Byrne
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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.