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(e) Subject to the provisions of sub-clause (d) hereof, on the death of the settlor without a child being born to him, the trustees shall hold and stand possessed of the corpus of the trust fund upon trust to divide the same amongst the heirs of the settlor according to the law of intestate succession amongst Hindus."

5. The rest of the clauses except the two mentioned below are hardly material for the decision of the question before us. In clause 4 it is provided that the trustees shall be at liberty to keep the trust fund a s a deposit at interest in the firm of Messrs. Amersey Damodar - a firm in which the assessees, as we have said, were themselves partners. Next as regards the vacancy in the office of trustee, clause 8 provides that the surviving or continuing trustee or trustees for the time being or they refusing the retiring trustees or failing them the heirs, executors and administators of the last surviving or continuing trustee should appoint a new trustee or trustees "but so as not to be more than five nor less than two..." trustees upon "every or any such appointment".