BAI JAIJI Vs. N C MACLEOD

JUDGEMENT

(1.) The only question arising on this appeal is whether the defendant Ardeshir Cursetji Powalla acquired under his father s will an interest, which vested on his insolvedency in the Official Assignee.

(2.) The testator by the 10th clause of his will directed that all the rest residue and remainder of his property should be divided into four equal shares; that one such share should be given to each of his sons, the 3rd and 4th defendants: and that another share should be held in trust to pay the income there of to his son Pallonji Cursetji Powalla until he should attain the age of 21 years, and on his attaining that age in trust to pay the share to him absolutely.

(3.) By the 11th clause of his will the testator directed as follows:- 11. As regards the remaining one equal fourth share of the said residue I direct that if at the time the said residue is divisible my son Ardeshir shall have no debts due by him or any liabilities likely to result in a debt on debts of more then Rupees Five thousand the said share shall be made over to him absolutely but if other wise then I direct that" the said share shall be held or settled by my Executors upon trust Until the said Ardeshir shall be free from such debts and liabilities or until (sic) shall die to apply the income of the same in or towards the maintenance and support of him his wife and Children or such or one or more of them the said Ardeshir (sic) wife and Children as the trustees may at their absolute discretion determine and the education and other benefit of such children including their marriage but when and be soon as he the said Ardeshir shall be free from such debts and liabilities as aforesaid upon trust to pay the same and all unapplied income if any to him the said Ardeshiir absolutely....