COMMISSIONER OF INCOME TAX Vs. SHANMUGA MOOPANAR S

JUDGEMENT

(1.) ONE Subbiah Moopanar left a will dated 25th February, 1954. Under this will he made various bequests and left the rest of his estate to Shanmuga Moopanar, the minor son of his brother, Sankara Moopanar. ONE of the clauses in the will stated :

(2.) THEREAFTER, the clause set out the purpose for which the income arising from the accumulated capital of the trust should be utilised. It further set out the manner in which trustees should be appointed, the succession to trusteeship and the rights and duties of the trustees.

(3.) "I bequeath to minor, Shanmuga Moopanar, the salt pans and the rights connected there with covered by licence No. M.E. 59. After my death my brother, who is the natural guardian of the minor, shall obtain a transfer of the licence in the name of the minor and shall arrange for the carrying on of the business of salt manufacture.