Judgement

Appeal from a judgment and decree of the High Court (September 3, 1918) affirming, subject to a modification, a decree of Beaman J. (November 17, 1917).

The suit was instituted in the High Court by the first respondent and related to the will of Bomanji Kaikhushro Modi, a Parsi, to whom the Indian Succession Act (X. of 1865) applied.

The material terms of the will and the questions raised by the suit appear from the judgment of their Lordships. The decision of the High Court on appeal, the effect of which is stated shortly in the judgment of their Lordships, is reported at I. L. R. 43 B. 845.

1920. Dec. 9. Upjohn K.C. and E. B. Raikes for the appellant. The effect of the will was to give to the testators wife a life interest with a power of disposal inter vivos, and a testamentary power of appointment. The power of appointment was either general or confined to the children and grandchildren of the testator ; it is not material which, as the power was exercised in favour of that class. The decision in In re Hetley ([ 1902] 2 Ch. 855.) is not applicable to this case. By clause 7, upon its true construction, the testator did not direct his wife to make a will the provisions