This is a Mississippi Kite. I happen to know the species well enough to ID from this photo alone, but please always include a geographic location when requesting an ID. Mississippi Kites have been expanding their range over recent years. Could you please go ahead and share your location? I am curious. Thanks!

Thanks, Jordanwalker, for responding to my question. It makes a lot of sense that those are the Blue Jay's eggs. They seem too big to be the Cardinal's eggs and we have a lot of Blue jays here. The missing egg theory is interesting and it's kind of scary too for them to eat their own eggs/nestings! In some ways I'm not too surprised too as they're pretty aggressive birds. One Summer, they built a nest over out garden arch and three little birds hatched. The parents were very protective of them and kept sqawking at us whenever we walked under the nest. They always bully other birds including the Cardinals that regularly visit our garden. The Cardinals aren't aggressive, but they sure are brave enough to not to give up their ground easily.

I agree with the squirrel nest - I have a lot of them and I've seen a squirrel running between them: A squirrel bustled up and down the trees at sunrise - it looked like it was checking the various nests to see who was awake and up. The trees are on top of the coastal bank overlooking Cape Cod Bay. Claire

I posted this twice with a picture of the bird the second time and someone said eastern phoebe. A baby feel from the nest, Just found it dead. :( :( :(