Lehner v. Estate of Lehner

The opinion of the court was delivered by

Owsley, J.:

This appeal involves a construction of the last will and testament of R. V. Lehner, deceased. Appellants, Anita C. Lehner, deceased’s surviving widow, and Charles W. Steincamp, are the co-executors of the estate. Appellee, Robert K. Lehner, is a brother of the deceased who was named a remainderman in the will. The central issue relates to the power of a life tenant to invade or consume the corpus of the life estate.

R. V. Lehner died testate on January 2, 1971, leaving a gross estate valued at approximately five million dollars. The bulk of…