Fidelity Union Trust Co. v. Noll

The only question is whether annuities under the last will of Martin J. Fischer, deceased, are apportionable — like income accruing day by day. An annuity is apportionable if (a) the annuitant is the surviving spouse of the testator or donor and the annuity is given in lieu of dower or curtesy or statutory distributive share, or (b) the annuity is given for the support of the annuitant, or (c) it is so provided by the terms of the instrument creating the annuity. 1 Restatement-Trusts § 238 (2). In re Lackawanna Iron and Coal Co., 37 N.J. Eq. 26;Morgan's Executors v. Morgan's Trustee, 41 N.J.…