( 1 ) THIS appeal is by the plaintiff against a (judgment and decree dismissing his suit. The case of the plaintiff as stated in the plaint is as follows:--

( 2 ) THE grand-father of the plaintiff, Ramani Mohan Chatterjee (since deceased) left considerable properties in Government Securities, shares of Companies, debts payable by different parties as also landed properties. He left a will with a codicil whereby his two sons, Rajat and Jagat (defendant 1) were given specified annuities during their life time and there were provisions for others also. The trustees appointed by the will were directed to hold the residue of the estate upon trust during the natural life of the said sons and after their death to divide the estate with its accumulations of Income in equal shares amongst his grand sons through the said sons. The trustees were empowered to sell the properties belonging to the estate and invest them under such stocks, funds, shares, securities, landed properties or otherwise as they would think fit. The trustees or their survivors were empowered to appoint new trustees or trustees in place of deceased or retiring trustee or trustees. The will, which wa