Viscount Haldane. -

In this case the learned Chief Justice of British Honduras who tried it had a difficult task, arising out of somewhat obscure materials. But their Lordships think that his judgment ought not to stand.

Appellant 1 is a corporation that is a beneficiary under the will, dated 15th February 1924, of one I. E. Morter, a planter at Belize in British Honduras, who died on 7th April in the same year. Appellant 2 represent other societies, also interested as beneficiaries, who were made defendants (along with appellant 1). The respondent, as plaintiff, commenced an action against the executors and trustees of the will to set it aside. She was the widow of the testator and claimed administration on the ground of intestacy, and, alternatively, a declaration that certain of the devises and bequests in it were void. The executors and trustees have not appeared in this appeal.

The testator, by his will, devised and bequeathed the residue of his real and personal estate to the Parent Body of the Universal Negro Improvement Association, for the African Redemption Fund. It is not in dispute that if this be a valid gift appellant 1 may be taken as representing the Parent Body of th