G H HOOK Vs. ADMINISTRATOR OF BENGAL

JUDGEMENT

(1.) On the merits of this controversy their Lordships are not called upon to decide, for in their opinion the respondents are estopped from raising the contention they desire to advance by reason of the judgment that has already been given between themselves and the appellant upon the point.

(2.) The dispute arises under a will and four codicils made by one Dr. Henry Wilkin Jones, who died on the 8 July, 1909.

(3.) By his will the testator appointed the Administrator-General of Bengal as executor and trustee and bequeathed to him his real and personal estate upon trust for sale and investment, and directed, after payment of debts, funeral expenses, and legacies, that the residue should be held to apply the income as therein provided, during the life of his wife. On the death of his wife, he directed payment of certain legacies and then created trusts of the income of the fund to endure during the life-time of-certain named persons. By paragraph 17, he directed that on the death of the survivor of these named persons and such survivor was Miss Eliza, Humphreys a further trust should be imposed upon his trustees to sell and convert his real property, apparently forgetting that that had already been done. He also again provided for the investment of the proceeds of sale and deelared that the trustees should hold the same:- For the full sum of 30, 000 rupees if the said trust funds shall amount to so much or exceed that sum but not otherwise and if the said trust funds shall not amount for so much then to hold the whole thereof upon trust to pay the income there 0f quarterly to two of the deacons for the time being the Circular Road Baptist Church to be by them applied in manner following namely as to a moiety thereof for the poor's Fund in connection with the said Church for the sustenance and support of the poor belonging to the said Church or the congregation usually worshipping in the said Baptist Chapel and as to the other moiety for the General Fund in connection with the said Church for the following purposes namely the support of the Pastor for the time being the expenses of the religious services held in the said Chapel repairs to the Chapel Pastor's dwelling-house and out-offices connected therewith and also for beeping my grave in decent order which shall be a duty imperatively incumbent on the deacons for the time being of the said Church to perform.