- (1.) The following questions arise for determination: (a) Which of the parties are entitled to the trust property, namely No. 9, Grants Lane (also known as Grant Lane), Calcutta, after the death of Ezra Samuel Arakie? (b) What are the shares of the parties hereto in the said premises No,. 9, Grants Lane (also known as Grant Lane), Calcutta, upon the death of Ezra Samuel Arakie? (c) Any other question which Court may think fit to decide on the facts and circumstances of this case; (d) For administration of the trusts created by the deed dated July 24, 1900; and (e) for costs of and incidental to these proceedings.
(2.) In order to appreciate the questions it is necessary to refer to the relationship between the parties. Raamah Samuel Ezra Arakie made a postnuptial settlement on July 24, 1900, with the consent and approval of her husband Samuel Ezra Arakie and conveyed to Ezekiel Solomon and Ezra Solomon Yahyah Gubboy as trustees of the land and premises known as No. 9, Grants Lane, Calcutta.
(3.) Raamah Samuel Ezra Arakie had five children. They are Ezra Samuel Arakie, Seemah Luddy, Rachel Ezra, Hannah Ezra and Emma Joshua. Ezra Samuel Arakie died on June 11, 1963. Rachel Ezra died in 1920 leaving two children, Charlie Ezra and Flora Barook. Hannah Ezra died in 1942 leaving behind her Stanley Ezra, Ellis Ezra and Flora Gubboy. Emma Joshua died in 1962 leaving Joshua Joshua.;