Bird v. Wilmington Society of the Fine Arts

(dissenting) :

Joseph Bancroft made and executed a last will and testament on May 14, 1931, which, upon his death on May 6, 1936, was duly proved and allowed.

Item 10 of the will created a trust of the residue of the testator’s estate for the sole benefit of his wife, Elizabeth H. Bancroft, for her life, with Wilmington Trust Company as trustee. This item proceeded to declare that,

“Upon the death of my said wife, in further trust to transfer convey unto my nephew, Samuel B. Bird, if he is then living, all the stock which I may own in Joseph Bancroft and Sons Company. * * * In further trust,…