In Re Kelley's Estate

The protestant, Lee D. Kelley, objected to the allowance of credit for money advanced or borrowed by the executor, upon the ground that the revenues of the estate were sufficient to pay the debts, and also took exception to the payment of the annuity to the widow upon the inconsistent ground that the annuity could only be paid out of income and revenues, which were insufficient for such purpose.

The will provides "said trustee must at all times keep provision made for the payment of said annuity to my said wife." Therefore, the annuity was payable out of the corpus of the estate. "If the…