JUDGMENT

Panckridge, J. - The short point of construction raised by this originating summons is not altogether easy to decide. The testator, Gopal Chandra Sinha, died on April 13th, 1926. He left a Will dated March 2nd, 1919, and two codicils dated November 2nd, 1920, and March 16th, 1924.

2. Since March, 1922, Mr. Sarat Chandra Mukerjee, an Advocate of this Court, had been employed by the testator as his "retained pleader." What this means is that the testator paid Mr. Mukherjee a monthly salary, in consideration of which Mr. Mukerjee transacted his non-contentious legal business. When employed in litigation he was entitled to charge fees on the prescribed scale.

3. By cl. 9 of the second codicil the testator modified the directions given by the Will as to the executors. After dealing with this matter the clause proceeds:

My present legal advisor Sreejukta Babu Sarat Chandra Mukhopadhya, Vakil, High Court, shall remain engaged as legal advisor and pleader after my death for protection of the interests of and for the benefit of the estate and so long as he will remain engaged on business he shall get retainers and fees as fixed at present.

4. At the time of the testator's death his esta