JUDGMENT

Panckridge, J. - This is an originating summons taken out by the Administrator-General of Bengal in the matter of the will of Manicklal Dutt, deceased.

2. The testator died on 3rd January 1928 leaving a will and a codicil of which the Administrator-General of Bengal was appointed solo executor and trustee.

3. Probate was obtained on 4th September 1928 and the Administrator-General has since that date been in possession of the estate. The difficulty arises with regard to a religions endowment for the benefit of certain deities which was created by the testator. The endowment contemplates shebaits and the will appoints four persons relations of the testator as shebaits, and provides for their places being filled on their decease or on their ceasing to act.

4. In addition to these four parsons the will appoints as shebait the Secretary for the time being of the Subarnabanik Samaj.

5. In Clause 12 of the will the testator directs that the number of shebaits shall always be five including the Secretary of the Subarnabanik Samaj. The question is whether this appointment is void for uncertainty, and if it is not void for uncertainty how it should be construed ?

6. The Subarnabanik Sama