Opinion
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.
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.