M.SRINIVASAN, S.JAGADEESAN
Commissioner of Income Tax, Madras – Appellant
Versus
S. Shanmuga Moopanar – Respondent
SRINIVASAN J.
One Subbiah Moopanar left a will dated 25th February, 1954. Under this will he made various bequests and left the rest of his estate to Shanmuga Moopanar, the minor son of his brother, Sankara Moopanar. One of the clauses in the will stated :
"In the calendar year following a couple of years after my death, the said minor, Shanmuga Moopanar, shall create a charity trust under the name and style; 'T. S. Subbia Moopanar Memorial Charity Trust.' He shall save by investing in the said nidhi on the 1st of June in every calendar year at the rate of rupees ten thousand per year, from and out of the net profit, excluding expenses, got from my estate which shall be succeeded by him and remain in his enjoyment. He shall pay to the said nidhi from the date of commencement of the nidhi for a period of ten years at the rate of rupees ten thousand per year in cash and should see that a sum of rupees one lack be finally invested as capital for my charity trust. While saving is made i the said manner for a period of ten years, in the meanwhile if necessary only the income that may be realised on the amount accrued as principal for the aforesaid nidhi, shall be distributed i
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