Mallick, J. - (1.) This summons was taken out by the plaintiffs for the determination of this question, namely, whether the trust created by the first plaintiff Isaac Nissim Silas can be revoked by the settlor with the consent of his wife and two sons who along with the settlor are stated to be the only beneficiaries.
(2.) This trust was created by Issac Nissim Silas the settlor by an Indenture of Trust dated 1-4-1931. The Official Trustee of Bengal has been made a trustee and the property was conveyed to the trustee to be held by him upon trust set out in the said indenture.
(3.) The trust was a family trust created for the benefit of the settlor and his wife, his sons and their children to be born. At the date of the trust the settlor's family consisted of his wife, and his three sons, Elias, Jacob and Nissim. The trust deed provides that the trustee after making provision for meeting the necessary expenses, namely, the payment of the rates and taxes of the Corporation and the costs of repair will pay the balance of the income to the settlor during his life time, thereafter to his wife thereafter to his three sons in equal shares. Disposition was made of the remainder in favour of the sons children that may be born and remain alive at a certain period subject to certain contingencies. After making provision for himself and his wife the settlor sets out the trust in favour of the sons and their children on the following terms : "Upon Trust subject to the provisions hereinafter contained in respect of the shares of the said Elias Jacob and Nissim for the child or all the children of the said Isaac Nissim Silas and his wife Lily Silas who being sons shall attain majority or being daughters shall attain that age or marry and if more than one in equal shares absolutely but if there shall be only one such child then the whole in trust for such child subject nevertheless to the trusts hereinafter declared with respect to the shares therein of the said three children Elias Jacob and Nissim Silas that is to say Provided Always and it is hereby declared that the Trustee shall hold and stand possessed of the share of the said Elias Silas Upon Trust to pay the net income to arise therefrom to the said Elias Silas for and during the term of his natural life and subject thereto shall hold the said share Upon Trust for the child or children of the said Elias Silas who being sons shall attain their majority and being daughters shall attain majority or marry and if more than one in equal then the whole in trust for that one child And if there shall be no child of the said Elias Silas who shall attain a vested interest in the said share then my Trustee shall hold the said share ..." On similar terms a trust has been created in favour of the children of the other two sons viz. Jacob and Nissim as well.;