JUDGMENT

Mookerjee, J. - This is an appeal by the plaintiff in a suit for construction of a Will executed by his step brother Natobar Ghose. The substantial controversy between the parties relates to the construction of Cl. (5) of the Will which is in the following terms:

That I have some texartati karbar in my own name and in the benami of my son Girish Chandra Ghose. After my death my said stepbrother Sriman Rajendra Lal Ghose and his sons etc. in succession shall realise either amicably or by suits the amounts that may remain due from my debtors and with the said money and with the Government Promissory Notes that may be left by me, they shall re-excavate in my name the tank known as Panja tank belonging to us in village khorda Cawnpore and remove thereby the water difficulty of the public. Whatever will remain surplus, after defraying the said expenses shall be obtained by my said brother and his sons etc. If he does not re-excavate the said tank in my name, then my three married daughters Srimati Mrinalini Dasi, Srirmati Bibhabati Dasi and Srimati Rashmant Dasi, and after them my daughters' sons, shall realise the money of the tesarati karbar and with the said money and with the