Whitley AGCJ:

These are two appeals from the judgment of Gordon Smith J in an Originating Summons which raises a question of construction arising out of cl 11 of the Will of Cheang Keng Quee deceased.

The Testator died in 1901.

Cl 11 reads as follows:

On the death of the survivor of all my said sons the said trust property shall be held by my said Trustees in trust for all the sons of my said sons (including adopted sons as above provided) who shall attain the age of 21 years or marry under that age the said son or sons of each of my said sons taking (and if more than one equally between them) per stirpes and not per capita a share proportionate to the share of the income of the said trust property to which his or their parent (or adopted parent) may have been entitled during his life-time under this my Will.But the said Trust Fund shall not be distributed or any share thereof paid out to the persons entitled until the youngest of the grandsons (or adopted grandson) shall have attained 21 or married under that age.

Cheang Thye Phin the last surviving son of the Testator died on 29 March 1935.It will be observed that the beneficiaries under this clause are "sons of sons". F