Phillips Estate

Shoyer, J.,

The single issue, is whether testatrix gave her husband merely a life estate in her realty or, in addition, a power to consume.

The will, composed of but one sentence, and written by testatrix in her own hand while in the hospital 'on the day of her death, is as follows:

“I Mary Phillips everything left to My Husband nickolas Phillips As most of the things aré in my name and after he is gone I want the rest of my estate if there is any I want to be left to My daughter to be hers”.

*70Both sides agree, and we think rightly, that under this will the husband, Nickolas, takes less than an…