Judgment

DESAI J.:- Sir Rustom, Vakil of Ahmedabad died on November 1. 1933, leaving behind him his widow Lady Tehmina. three sons Jehangir. Percy and Toos and his daughters. He had made his last will and testament on November 18, 1924. By this will he appointed five persons as executors and gave a specific direction in clause 8 of the will that certain properties therein specified be settled on trust by executing a trust deed and the executors were to be trustees for the purpose of the trust. A further direction was given that his son Jehangir be appointed as an additional trustee and executor when he attained the age of 21 years. By clause 8-F of the will he directed that during the lifetime of his son Jehangir. Percy end Toos the entire income of the trust properties shall be enjoyed by them in equal shares but that after the lifetime of each son, trust property falling to his 1/3 share interest as well as principal shall go to his children (sons and daughters) in the proportion therein mentioned. After his death there was some litigation between Percy on the one hand and Jehangir, Toos and Lady Tehmina on the other for administration of the estate of the deceased. The litigation