JUDGMENT

Gentle, J. - This suit arises out of a deed of settlement dated 11th June 1928 purporting to create a trust, which deed was executed by the late Thomas Sansoni to whom reference hereafter can conveniently be made as "the settlor". The settlor was twice married. By his first marriage he had two daughters,, the defendant and Miss Phyllis Anne Sansoni, and one son named Paul. The issue by his second marriage was one daughter, Hope Enid, now Mrs. Douglas. The settlor separated from his second wife about 30 years, ago. It has been stated that the second wife died in. July 1939, a few weeks after the death of the settlor. After he had separated from his wife he lived, with a Miss Daisy Mackintosh, who was known, as Mrs. Thomas, and by whom he had three children. Miss Mackintosh lived in Calcutta, and the relationship between her and the settlor continued for about 30 years. For the major portion of this time the settlor stayed each week end with Miss Mackintosh,|but from the year 1935, about the period he retired from his occupation,, until his death in 1939, he lived entirely with Miss Mackintosh. He died intestate on 12th June 1935, at. the age of 74. His death took place at Mi