Lyman Estate

Dissenting Opinion by

Mr. Justice Allen M. Stearne:

The majority’s extraordinary but logically untenable conclusion is that a life tenant is a debtor entitled to accretions where there are gains but is a trustee not liable for depreciations where there are losses.' Such curious result is reached because of supposed testamentary intent. It is predicated chiefly *172upon the testator’s grant of the right of the life tenant to consume, coupled with his expressions of affection for his wife, the life tenant. Such considerations, however, are not based upon testator’s express words, but upon what the…