JUDGMENT

a. K. Menon, J. - By this Originating Summons, under Rule 238 of the Bombay High Court (Original Side) Rules, 1980, the plaintiff seeks determination of the following questions :-

(a) Whether the securities/monies held in Trust for Mary Wadia under Clause 16 of amba Wadia's Will devolved absolutely on to Rutty Wadia, upon Mary Wadia's demise ?

(b) Whether the securities/monies held in Trust for Mary Wadia under Clause 16 of amba Wadia's Will formed part of the estate of Rutty Wadia and on the demise of Rutty Wadia to be distributed as per her probated Will ?

2. The plaintiff is said to be surviving executor of the last Will and testament of one Rutty Cursetji Pestonji Wadia dated 25th June 2002. The plaintiff is also said to be a trustee of P.a. Hormarjee Charites along with defendant nos.6 and 7. Defendant nos.1 to 5 are the persons who may get a share in the estate of one amba Wadia mother of Rutty Wadia. Defendant no.6 is the wife of the plaintiff and also sued in her capacity as trustee of the P.a. Hormarjee Charites ('the Trust'). Defendant no.7 is also a trustee. Defendant no.8 is the Charity Commissioner impleaded as a formal party.

3. What the plaint essentially seeks i