Judgment :-

S.B. Sinha, J.

Leave granted.

1. The effect of creation of a Trust by the Executor of a Testamentary Disposition vis-`-vis the rights of the heirs and legal representatives of the author of the Will is the question involved in this appeal.

2. It arises out of a judgment and order passed by the high Court of Karnataka at Bangalore in Regular First Appeal No. 965 of 2004 dismissing the appeal preferred by the appellant from the judgment and order dated 26th March, 2004 passed by the Additional City Civil Judge, Bangalore.

3. One Rangammja, was the owner of a huge chunk of land bearing Survey Nos.8, 9, 10, 13, 14 and 15 of Village Sajjepalya and Survey Nos.43 and 44 of Village Malagala measuring 96 acres and 35 guntas. On or about 15th March, 1962, she executed a registered Will appointing her nephew Puttaswamy as the executor and administrator thereof. The said Puttaswamy was also given the right to utilize the property for perpetuating the memory of her husband Krishnappa. He was also given the authority to appoint his successor.

The relevant recitals in the said Will are as under:-

"I am the widow of Late Shri Krishnappa, son of kempanna, who died on 18.12.1907. Under