BANK OF BOMBAY Vs. FAZULBHOY EBRAHIM

JUDGEMENT

(1.) One Khakibhai Hemani, a Khoja Mahomedan of Bombay, died on or about the 4 October 1900 leaving a will dated the 26 September 1900. He appointed as executors and trustees thereof Currimbhoy Ebrahim. Labai his wife, and Joosab Peerbhoy his son-in-law, Probate was granted to Labai and Joosab on the 4th December 1901. By Clause 4 the testator directed that Rs. 50,000 should be expended in such manner as his trustees might consider proper for such purposes as might perpetuate his name.

(2.) By Clause 5 he bequeathed various legacies.

(3.) To Fazulbhai, the son of his daughter Fatmabai, he bequeathed Rs. 50,000 to be invested in Government Promissory Notes, Port Trust Bonds or other Government Security Debentures. The income was to be accumulated for Fazalbhai's benefit, the principal and income to be made over to him on his attaining the age of twenty-one. If Fazalbhai died before attaining the age of twenty-one, the moneys we to be handed over to his issue, but if there was no issue then over.