Lord Buckmaster:-

Their Lordships think it is unnecessary to hear the Respondents upon this appeal. The question raised depend entirely upon the true construction of the Will of one Srinath Das, who died on the 13th September, 1907. The appellants say that that Will has been incorrectly construed by the High Court in three particulars. In the first place they assert that there is no valid dedication for religious purposes of two houses, 10, Srinath Das Lane and a house in Benares; secondly, that there is no proper dedication for religious purposes of the accumulations of income of properties that were validly dedicated; and, finally, that there is no disposition of the residuary estate, and that consequently it must pass as on an intestacy. These points are separate and can be separately considered.

The first depends upon the contention that although it is admitted there is a good bequest of the income of the houses that are specified in the first clause of the testator's Will for religious purposes, and included in those houses are 10, Srinath Das Lane, and a house at Benares, yet the conditions affecting the use of the two specified houses take them outside the ambit of the charity