Hays Estate

Opinion by

Mr. Justice Allen M. Stearne,

The question raised by these appeals is whether a life tenant, with power to consume, is a debtor to or trustee for the remaindermen and hence whether enhancement in value belongs to the life tenant or the remaindermen.

The second item of the will of Louis B. Hays provided: “I give, devise and bequeath to my wife, Edith Adair Hays, all my estate, real and personal, for and during the term of her natural life with the right to consume so much of the principal of my estate as she, in her sole discretion, may deem necessary for her maintenance and support, .…