SPROULE J. This Originating Summons asks for construction of one of the Mahomed Noordin Settlements. There were several of these Deeds, all executed in 1866 and 1867, upon printed forms, following, with slight variations, a model popularly ascribed, with what measure of foundation I do not know, to that eminent jurist, Sir Peter Benson Maxwell.

Our Originating Summons propounds eight questions, of which five are concerned with incidental relief. Of the three remaining and fundamental questions, the first was really decided by Braddell J. (as he then was) in Suit No. 119 of 1909, and all parties before me are agreed as to that. Without further comment, therefore, I hold, agreeing with that decision, that the trusts of our Settlement ceased and were determined at the expiration of twenty-one years after the death of the survivor of Settlor's two sons, Shaboodin and Narsoodin, named in the Deed of Settlement. Shaboodin died in 1881, Narsoodin on 27th December, 1905. The trusts of the Deed of Settlement, therefore, ceased and were determined on the 27th day of December, 1926.

The second main question propounded by the Originating Summons is Question No. 4. By consent of all parties again, this question was answered for us by Whitley J. in Suit No. 20 of 1924. The matter then was the construction of another of Mohamed Noordin's Deeds of Settlement, which upon this point employed language identical with the words of the Settlement now before me for construction. That learned Judge held (and I agree) that the word "issue", employed by the Settlor in dealing with the corpus of his Settlement, did not mean "children", but included remoter descendants-that is, in our case, of the two named sons of the Settlor, Shaboodin and Narsoodin.

The only other question of fundamental import which is propounded by our Originating Summons is Question 5, which asks me to decide-

"Whether the appointment, made by Deed, dated the 2nd day of November, 1905, by Mohamed Narsoodin Noordin Merican, of the share given to his stirps by the said Deed was a valid and effectual appointment."

The Deed of Appointment of 2nd November, 1905, was executed in purported exercise of a power created by the parent Deed of Settlement when dealing with the disposition of the corpus of the Settlement. Settlor gave his corpus to Trustee for a term of one hundred years-

"For the trusts intents and purposes, and subject to the provisoes hereinafter expressed of and concerning the same."

The trusts so referred to as dealt with later in the deed, included gifts of the income during the whole period of the trust and also the provision for the determination of that period already mentioned in my answer to Question I of the Originating Summons.

The trusts for the corpus continue in these terms:-

"and from and after the expiration or sooner determination of the said term of one hundred years, and in the meantime subject thereto and to the trusts thereof . . . "

I pause to repeat that the "sooner determination" is now ascertained as dating from 27th December, 1926: and to point out that the trusts of the Deed, including the gifts of income, were to continue until that date. The Deed proceeds-

"to the use of the issue who shall then be living of my said sons Mahomed Shaboodin Merican and Mahomed Narsoodin Merican in fee simple . . . "

I stop again to point out that the words "who shall then be living" are clear and unequivocal and govern all subsequent words dealing with the gifts of corpus; thus excluding from appointment or succession not only descendants who died before 27th December, 1926, but also those after-born who were not in esse upon that critical date.

The Deed then goes on to deal with the manner in which the corpus is to be distributed amongst the descendants who qualify by being alive and in being on 27th December, 1926. Settlor says, further limiting the power of appointment presently to be cited-

"in such manner that such issue, if more than one,