Charles Griffen, as Trustees Under the Will of Samuel Willets, Deceased, Respondents v. William L. Keese Et…

Summary

The Court affirmed the Appellate Division's judgment, holding that the annuity fund, although larger than necessary, may be reduced to a proper amount and the excess and unappropriated income transferred to the residuary estate. It further held that prior judgments are res judicata only on issues actually litigated, not on the present question of fund reduction. Justice Gray dissented, arguing that the fund amount is fixed and cannot be altered.