Moltrup Estate

Dissenting Opinion by

Mb. Justice Jones:

The most important issue on this appeal is whether, within the four corners of this will, a testamentary intent is evidenced, either expressly or by implication, which precludes the application of an established rule of testamentary construction.1

*175This rule of testamentary construction may be thus stated: where there is a testamentary gift of personalty to a person for life, with the express power given to the life tenant to consume such personalty, followed by a gift over, on the death of the life tenant, of the unconsumed portion of such personalty, the…