Supreme Court of New Jersey, 1938

Byrne v. Byrne

Byrne v. Byrne
Supreme Court of New Jersey · Decided September 16, 1938 · PER CURIAM.
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.