Lord Phillimore :-

The dispute in this case arises in the course of the administration of the estate of a wealthy Mahomedan, who died on the 25th February, 1907, having left a will dated the 15th June, 1903, which was admitted to probate on the 18th March, 1908. By that will he left his only son, the defendant in this suit and the present appellant, his executor, and he gave him certain powers and professed to entitle him to a commission of 10 per cent, on the proceeds of the sale of all his estate. That provision is twice over expressed, but substantially the effect is the same on the two occasions. He also instead of reserving, as by Mahomedan law he could, one-third of his estate for his general disposition reserved somewhat less - one-fourth, and with regard to that fourth he directed the executor, whom he described also as "executor and trustee" to pay certain charitable legacies amounting to Rs. 13,700, directing at the same time that none of his heirs or any other persons should be entitled to have any right to claim an account of his disbursements from the executor, and with regard to the balance of the fourth share he gave it to the executor to spend or to dispose of in su