B. M. C. Durfee Trust Co. v. Borden

The will of Philip D. Borden in its residuary clause created a trust for the benefit of his wife and daughter, and directed that upon their deaths without issue the trust property “shall be paid over to the issue of my nephews, James Edgar Borden, Frank H. Borden, and Sydney F. Borden, living at the time of the death of the last survivor of my said wife and my said daughter or at the time of my death in case I shall survive both of them, share and share alike.” The testator died in 1936. His wife died in 1937, and his daughter in 1951, both without issue. At the daughter’s death, which became…