Judgement

Appeal (No. 148 of 1919) from a judgment of the High Court (July 1, 1918) reversing a decree of Chaudhuri J. (March 4, 1918).

The appeal arose out of proceedings in an administration suit instituted in the High Court in 1911 by the respondent the Administrator-General, as executor and trustee of the will, with codicils of Henry Wilkins Jones who resided at Calcutta and died there in 1909. The appellant the Rev. G. H. Hook was pastor of the Lal Bazar Baptist Church. The respondents on the record other than the Administrator-General were J. H. Jones and E. A. Jones, as executor and executrix of one of the next of kin and as being next of kin of the testator, other parties who were alleged next of kin, and (the fourth respondent) the Rev. B. E. Evans, pastor of the Howrah Baptist Church.

The material facts are stated in the judgment of the Judicial Committee.

The judgment of Chaudhuri J., delivered on July 16, 1912, upon the suit originally coming before him for trial is fully reported at I. L. R. 40 C. 192. He held (inter alia) that the gift over upon a failure by the Baptist Church to observe the conditions of the gift to it, was valid.

In the present proceedings which wer