( 1 ) AT the instance of the Revenue, the following question of law was referred to this court under section 64 (1) of the Estate Duty Act, 1953 :"whether, on the facts and in the circumstances of the case, the value of the corpus of the trust or any part thereof under the Supplemental Family Trust dated 28/02/1952, passed on the death of the settlor under section 5 of the Estate Duty Act and exigible to levy of estate duty ?"

( 2 ) THE former ruler of Hyderabad, the late Nizam VII, Nawab Sir Mir Osman Ali Khan by and under an instrument of trust dated 28/02/1952, settled shares of the face value of Rs. 6 lakhs for the benefit of his grandson, Mir Nusrath Ali Khan, and two grand-daughters, Batool Begum and Mahboob Begum. The deed contemplated that the trustees were to hold the property in trust for the benefit of the beneficiaries, to manage the trust funds, collect and recover the interest and other income of the funds and discharge from out of the income all expenses and charges for collecting and recovering the income. The trustees were also empowered to take remuneration. The trust deed also contemplated that after the death of the settlor, the unspent accumulation of the income

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