Murray-Aynsley CJ:

This judgment deals with the following question in the Originating Summons, viz. 2, 3, 4, 9, 10, 13, 14, 16, 17 and 18.

These all arise out of cl 14 of the will which is as follows:-

14. My Trustees shall stand possessed of the 66 shares comprised in the first division of the Wakaf Fund upon trust to apply the same as follows:-

Three of such shares to the mosque of my grandmother Hadjee Fatimah at Kampong Glam for the upkeep of the said mosque, the maintenance of the usual ceremonies therein and other expenses connected with the mosque.

Four of such shares in the distribution at the family house of food and other articles to the poor weekly on the night of Jumahat. Five of such shares to be divided equally among my poor relatives residing in the Island of Singapore. Three of such shares to be divided equally among my poor relatives residing outside of the Island of Singapore not including Hydramout in Arabia. Ten of such shares to be divided equally among my poor relatives residing in Saywoon in Hydramout in Arabia. Five of such shares to be divided among the poor persons of Saywoon in Arabia aforesaid. Three of such shares to be divided among the poor persons of Hydramout outside Saywoon in Arabia aforesaid. Two of such shares to be applied for the maintenance and support of poor students for the Mohamed an Priesthood at Saywoon in Arabia aforesaid in such proportions as my trustees think fit.

Three of such shares to be distributed among the poor persons in Mecca. Three of such shares to be distributed among the poor persons in Medina. Eight of such shares I bequeath to the Arab School before-mentioned to be applicable for the general purposes of such School and I declare that the receipt of the Treasurer or other proper officer for the time being of such School shall be sufficient discharge for the same. One of such shares to be paid to such poor persons as shall undertake with the consent and approval of my Trustees to read the Quran at my grave according to the Mohamedan Custom. One of such shares to be paid to such persons as shall read the Quran in my name at Mecca and Saywoon. One of such shares to be applied in providing food for poor persons in Singapore during the fasting month. Two of such shares to be applied for sadikah to be given to poor persons on the 27th day of the month of Ramadhan in every year at the mosque of the said Hadjee Fatimah. One such shares to be formed into a fund for the purpose of providing of the burial of poor Mohamedan Strangers dying in Singapore. One of such shares to be provided for assisting poor Mohamedan persons strangers to the Straits Settlements going to their places of residence who may not have the money for the same or otherwise be in difficulties. Five of such shares to be applied in renting houses in Mecca for the occupation of the poor.

One of such shares to be applied in the maintenance and provision of mats and Zamzam water for the use of persons visiting the Mosque at Mecca. One of such shares to be applied in the maintenance and provision of oil and other means of illumination for the Rubad Sadayat Medina. Three of such shares to be applied in making once a year the sacrifice for my soul.

Questions (2), (3) and (4). These questions arise out of the words:

Five of such shares to be divided equally among my poor relatives residing in the Island of Singapore. Three of such shares to divided equally among my poor relatives residing outside of the Island of Singapore not including Hydramout in Arabia. Ten of such shares to be divided equally among my poor relatives residing in Saywoon in Hydramout in Arabia.

Gifts for poor relatives may be charitable. I think that here there was a charitable intention. The difficulty arises from the fact that it does not appear that the trust can be carried out in accordance with the terms of the will. I do not think that this is a case in which the charitable intention is subordinate to the method by which it i