James E. Delaney, Respondent v. William C. Van Aulen, Appellant

Summary

The Court of Appeals reversed the lower court, holding that the testatrix intended the annuity to the plaintiff to be paid solely from the annual rents and profits of the estate and that no portion of the corpus may be used to make up any deficiency; consequently the plaintiff has no right to corpus and the trust is limited to applying income during the lives of the beneficiaries.