BYRNE v. BYRNE, 124 N.J. Eq. 273 (1938)

1 A.2d 464

HENRY J. BYRNE et al., co-executors and co-trustees under the last will and testament of Henry Byrne, deceased, complainants-respondents, v. HENRY J. BYRNE et al., defendants-appellants, and HENRY J. BYRNE et al., defendants-respondents.

Court of Errors and Appeals.Submitted May term, 1938.
Decided September 16th, 1938.

On appeal from a decree advised by Vice-Chancellor Egan, whose opinion is reported in 123 N.J. Eq. 6.

Mr. John G. Flanigan (Mr. Paul J. Duffy, of counsel), for the appellants.

Messrs. Milton, McNulty Augelli, for the complainants-respondents.

Mr. Clarence F. McGovern, for the defendants-respondents Mary Brady, August Coleman and Annie Byrne.

Messrs. Burke, Sheridan Hourigan (Mr. Edmund B. Hourigan, of counsel), for the defendant-respondent Henry J. Byrne.

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 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.

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