Judgement

Appeal from a decree of the High Court (Jan. 11, 1904) varying a decree of Russell J. (June 15, 1903) which had granted, with costs to be paid by the respondent, probate in its entirety of the will in suit, dated October 5, 1902, to the appellants and the pro form& respondents.

The later decree varied the grant by excluding therefrom all reference to a deed-poll executed by the testator oil the same October 5, 1902, contained in the 6th clause, and also excluding therefrom the 26th clause of the will, and by directing that the costs of all parties relative to the probate proceedings should be paid out of the estate of the testator.

The will provided for the wife, bequeathed certain specific legacies, gave a power to adopt, made provision for certain charitable, trusts, with other clauses not necessary, to specify. The 6th clause recited a deed of partnership executed on August 16, 1899, in regard to the testators firm of Moolji Jaitha & Co., and the power thereby given to the testator Gordhandas to nominate a successor in his place. It then proceeded—

"And whereas by a deed-poll dated the 5th October, 1902, I have in the exercise of the power for this purpose reserved to