In re the Probate of the Will of Reckford

Lewis, Ch. J.

(dissenting). Without repeating relevant facts which have been fairly and accurately set forth by Judge Van Voobhis, writing for a majority of the court, the basis of our dissent from the majority view can be briefly stated.

During the forty years of his life tenancy, Samuel J. Beck-ford kept no permanent records of his dealings with property of which his wife, by her will, gave him only the life use. Instead, his executor has discovered that he ‘ ‘ followed the consistent practice of destroying records as they became more than six months old.” It does not appear of record that…