ARDESHIR DADABHOY BARIA Vs. DADABHOY RUSTOMJEE BARIA

JUDGEMENT

(1.) This was an originating summons having the principal object of determining the validity or otherwise of certain trusts in favour of persons unborn at the date of the creation thereof.

(2.) The facts are not in dispute and so far as material they are as follows: On October 30, 1922, Dadabhai Dajibhai Baria (hereinafter called "the settlor") had two sons Ardeshir and Rustomji (plaintiffs Nos. 1 and 2), a grandson by Ardeshir called Rohinton born on September 10, 1917, and no other male issue. By an indenture of that date (hereinafter called "the settlement") he conveyed certain property of which, it was recited, he was the full owner (and there is no evidence or allegation that he was anything less) to himself and plaintiffs Nos. 1 and 2 as trustees upon the following trusts: 1. To collect the income thereof. 2. To pay outgoings including insurance premia.

(3.) To pay for repairs.