Borden's Estate

Stearne, J.,

Despite the earnest argument by the able counsel for exceptant we are not persuaded that the auditing judge erred. Upon the audit of the executors’ account in 1927 this trust res was awarded by an auditing judge to the trustees, the present accountants, and therein it was ruled that decedent “gave the income arising from the residue of his estate to his wife, Anna B. Borden, for life, conditioned, however, upon the payment by the said Anna B. Borden” of the annuities. While perhaps not technically a conditional legacy, nevertheless the bequest of a life estate to the wife was…