Lord Buckmaster:-

The dispute that has given rise to these appeals is due to the manner in which the estate of one Yacoob Ali, has been administered by his representatives. He died on the 15th May, 1865, having made a will dated on the 3rd of the preceding January, by which he left one-third of the por tion, of the property, of which he was competent to dispose, to be dealt with for charitable purposes. His executor was one, Abdul Hussein, who, in 1870, bought out of the estate certain property known as the Puzan, daung property and then died on the 2nd April, 1879. One, Hajee Mahomed Hady, became administrator de bonis-nan to the estate of. Yacoob Ali in September of 1884, and he then : sold all the remaining assets of the estate except the Puzandaung pro perty for a sum, one-third of which represented Rs. 1,64,600.

There never appears "to have been any appropriation of any part of the estate to the charity and no proper administration has ever taken place, but Hady having become insolvent the Official Assignee, who is the respondent in the main appeal, instituted the suit out of which the appeals have arisen asking for, among other things, a declaration that the gift to the charity