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40. Exhibits E and F are consistent with this view. He did not take them in his capacity of "trustee" in whom the properties are vested by A as distinct from Mooktear or Dharmakartha, but as the Dharmakartha of the temple, only one of the charities in B. He did not consider himself a trustee then; but no doubt intended them to form trust property after his death. The evidence is that ho utilized the income indifferently for his private or charity use.

41. The instrument is, in my opinion, also void for uncertainty of the subject of the trust. Easwara Doss had power to "withdraw any property, or to alienate, and only such properties as should remain at his death, or as he should not have sold or disposed of, were to be trust property. The properties were to be ascertained and appropriated to the trust only at his death.