(delivering the judgment of the Court): This is an appeal by an executor whose appointment has now been revoked by the High Court at the instance of his co-executor and three other beneficiaries. The appellant is the son of the co-executor, in fact, her eldest son, but appears to have fallen out of favour with her and to have antagonised his other brothers and sisters, or most of them. It is all very unfortunate.

By his will made on December 31, 1974, the testator, Khoo Boo Gong, appointed his wife, Madam Teoh Chooi Ghim, and their eldest son, the appellant, executors and trustees of his estate. He gave no power of appointment. Being apparently aware that the appellant was even then contemplating settling in Australia, he directed in his will that if the appellant should reside outside Malaysia at the time of his death, he, the appellant, should grant a power of attorney in respect of his duties as executor to anyone of his brothers, sisters or half-sisters residing in Malaysia except one of them who was expressly named. The testator died on June 12, 1975, leaving him surviving a wife, a concubine and in all 17 children, including the appellant.

After certain speci