Questions are asked to this Court on this Originating Summons, under Chapter XIII of the Original Side Rules. The questions are posed by one of the Shebaits of the estate of the deity Thakurani Shree Shree Durga Mata Jew. The questions concern the last Will and Testament of Baikuntha Nath Dutta, a very wealthy citizen of Calcutta, made on 30th July, 1916. He was profoundly religious too. In 1900, he had founded a thakurbari. He installed this deity there and started worship. By this Will various properties of the testator were dedicated to the above deity housed at the Thakurbari at No. 32, Jugernath Dutta Lane (27, Raja Dinendra Narayan Roy Street, Kolkata). Shebaits were appointed.

2. Clause 5 of the Will dealt with the devolution of Shebaitship. It is set out hereunder:

5. To pay out of the said income as remuneration to the said Shebait or Shebaits as hereinafter provided for acting in the sheba and trust and I direct that after the defraying of the various expenses above directed if there shall be any surplus the same shall not in any ways become payable or divisible amongst my heirs or Shebaits who shall have no claim to any portion thereof but to be invested in the pur