SABYASACHI MUKHARJI, J.

( 1 ) THIS is an originating summons for construction of the will of one RAI Bahadur Ganendra Chandra Ghosh, since deceased. It appears that he executed a Will on the 3rd February, 1934 in respect of movable and immovable assets. By the said will the testator had revoked his previous dispositions and the predecessor-in-interest of the plaintiff, that is to say, the Official Trustee of Bengal became the sole executor and the trustee. Clauses 16 and 17 of the said Will provide as follows :"16. I give, devise, and bequeath the rest and residue of my estate and effects of whatsoever natural and wheresoever situated which I shall be seized and possessed of and not hereby or otherwise disposed of hereinafter referred to as "my residuary estate" unto my Executor and Trustee upon Trust to collect the whole of the Income thereof and pay the same to the following persons (hereinafter referred to as the 'beneficiaries') for and during the term of their respective natural lives according to the shares mentioned against their respective names: 1. My nephew Asoke Sri Ghosha l/6th (one sixth)2. My nephew Krishna Kishore Ghosha 1/6th (one sixth)3. My nephew Joyatsen Ghosha

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