STEVENS J. This suit was instituted on the 2nd September 1927, by the plaintiff as representing the estates of two of the next-of-kin of Cheang Keng Quee deceased against the defendants, of whom the first is the executor, and all are trustees of the deceased's will. The deceased's grandsons, though not parties, are represented. Cheang Keng Quee died in 1901 leaving a will which was duly proved. The plaintiff claims payment of seven-thirty-sixths of eight-twentieths of the fund representing the corpus of the testator's residuary estate. That corpus is devised to certain persons by Clause 11 of the will; but the plaintiff contends that by reason of the events which have happened there is an intestacy as to a portion of the corpus so devised, and that that portion passes to the next-of-kin.

By clause 7 of his will the testator bequeathed his residuary estate unto his trustees to stand possessed of it upon trust to pay the income to the persons and in all shares therein mentioned and by Clause 11 of the will he directed that on the death of his last surviving son the corpus of the property should be held in trust for the sons of certain sons who attain the age of twenty-one y