Lord Thankerton:-

This is an appeal from an order of the Supreme Court of Fiji, dated 27th September 1937, on an Originating Summons issued by the appellant as the surviving trustee of the estate of George Freeman Martin, deceased, on 12th August 1937. George Freeman Martin (hereinafter called "the testator"), died on 28th July 1912, leaving a will dated 13th June 1912; he died without issue, but survived by his wife, Catherine Helen Rose Annie Martin, and a number of brothers and sisters, including a sister, Elizabeth Martin. Under his will the testator appointed his wife and the appellant, who was his nephew, to be his trustees and executors, and he thereby gave all his property both real and personal to his trustees upon the trusts set out therein. Under these trusts, after payment of debts, etc. and delivery of a legacy of livestock, and subject to the payment of certain annuities, the widow enjoyed the use of the testator's household furniture and effects and house and buildings, and the free income of the estate during her life. The will proceeds:

and as to the whole of my property remaining at the death of my wife, I hereby direct and empower my said wife to dispose of any und