Volume 25 — New York Reports

This was an appeal from the judgment of the supreme court in the first judicial district, giving a construction to the will of the late Alfred H. P. Edwards. That court decided that under the will the widow’s annuity was payable only out of the income of his estate; and that the income having proved insufficient to pay it, she was not entitled to payment of the deficiency out of the body of the estate. The facts appear sufficiently in the opinion of Chief Judge Denio.

This action was commenced on the 20th day of January, 1855, by the above named plaintiffs, to recover from the above named defendants the amount of three checks or drafts drawn on the defendants’ bank, and alleged to have been certified and accepted by the bank through C. W. Houghton, its president. A copy of the summons and complaint was served on the said 20th day of January, and a copy of the defendants’ answer, on the 8th day of February, in the same year.