Bequest Absolute of Land in Trust for Religious uses with a Direction to Found a Temple and Carry out Maintenance of the Deity and other Expenses from the Money Raised from Sale of Property Existing at the Testator’s Death
This is the last will and testament of AB, son of ……… This will be effective after my death.
I hereby revoke all wills, codicils and other testamentary dispositions heretofore made by me and declare this to be my last will and testament. I appoint CD as the executor of my this will and the trustee of my estate. He will be entitled to obtain probate without being required to furnish any security. It is my wish and desire that my land situate at …… fully mentioned and described in the schedule below shall be given to and utilised for the service of a deity to be named as ……… to be consecrated and established after my death by the said executor and trustee in a temple also to be constructed by him for which purpose and in order to raise capital he will sell and convert into money all the machinery, plants, stock-in-trade and other assets of my trade or business carried under the name and style of ……… at ……….
Accordingly I hereby leave and I bequeath my land situate at ……… in the city of …… in the district of ……… and more particularly described in the schedule hereto and all the plants, machinery, stock-in-trade and other assets of my said trade or business at the time of my death, and also the goodwill thereof and all the book and other debts which shall then be due or owing to me on account of the said trade or business and all the moneys, securities, goods, credits and effects whether of the said trade or business or otherwise belonging to me at my death (subject to what I may otherwise dispose of during my lifetime or by any codicil hereto) unto and to the use of CD, son of etc.
To have and to hold the same upon trust with power to sell and convert into money all such parts thereof, except the said land. I direct that out of the money so realised and out of such money as I did possessed of at my death, the said CD shall at the first instance pay for discharge and satisfy all my funeral and testamentary expenses, death-bed charges and other just debts and liabilities and after payment thereof construct and build a temple on the said land and which, when completed, will be the property of the deity to be installed and named “Shree Shree Radharamanji Maharaj”. I further direct that the said CD shall invest the surplus of the said moneys lying in his hands after the construction of the temple in such Government or other securities, shares and debentures all to be held by him in trust as aforesaid and shall, out of the interest or dividends etc. of such investments, carry out the worship or seva of the said “Shree Shree Radharamanji Maharaj”. I appoint the said CD as also to act as shebait of the said deity when consecrated and established as aforesaid who shall have power to nominate and/or appoint his successor or successors in office and in the absence thereof his descendants shall act as trustees and shebaits. If the said CD shall die without nominating his successor and leaving no descendants or he or they refuse and/or neglect to perform the duties of the shebait or otherwise become unfit or personally incapable to act in the said trust, then, and in every such case, it shall be lawful for my heirs and legal representative to remove him or them from the office of the trustee and appoint another in his or their place and stead, failing which a new trustee shall be appointed by the court of competent jurisdiction.
Dated this ……… day of ……… 2000.
The Schedule above referred to
In witness, etc. (see first precedent)
Signed by etc. (see first precedent) AB