Correspondence Regarding Wills, Estates, and Trusts of Community Members; Community Establishments Receiving Funds
View interactive document pageThese are documents from the Baghdadi Jewish Community. Included is correspondence regarding the wills, estates, and trusts of several wealthy community members (Sir Ezra David, Raphael Aaron Gubbay) and where their money is going within the community. Correspondence is between community leaders, family members, and attorneys regarding splitting up of money and receipts of receiving funds.
Number 561 Receipt ⟦line⟧ Registered ⟦line⟧ Insured to ⟦line⟧ Pignani Date stamp Fils Dinar Value of stamps affixed (if any) ⟦line⟧ Calcutta Registration (Letter) No. ⟦line⟧ or Insured items ⟦line⟧ 15/10/9 ⟦line⟧ (Parcel) as the case may be ⟦line⟧ Insured for an amount of Dinar (in figures) In words ⟦line⟧ Transport fee ⟦line⟧ Weight in Kilo ⟦line⟧ Organizing Officer ⟦line⟧ Submitted on 15/11/⟦illegible⟧ ⟦circular stamp with illegible text⟧
Spiritual Council of the Holy Community Baghdad, may God protect it The Israelite Spiritual Council in Baghdad Number: 10 Date: 14 / 11 / 948 COPY Baghdad 9th December 1948. Messrs. Orr, Dignam & Co. 29, Nataji Subhas Road, CALCUTTA. Dear Sirs, I have the honur to acknowledge with thanks, receipt of your letter dated September 29th, 1948. In view of the fact communicated to us, that the terms of the will enforce that the legacy due to charities in Baghdad, be invested in Sound Government Securities, we have no objection to act accordingly and it is suggested that Iraqi Government 4% loan be purchased with the sum left. In case you approve this suggestion we beg you kindly to remit to us the sum bequeathed to act accordingly. Yours Sincerely Rabbi Salman Hoogi Aboodi PRESIDENT JEWISH SPIRITUAL COUNCIL - BAGHDAD
10 14 / 11 / 948 COPY Baghdad 9th December 1948. Messrs. Orr, Dignam & Co. 29, Nataji Subhas Road, CALCUTTA. Dear Sirs, I have the honur to acknowledge with thanks, receipt of your letter dated September 29th, 1948. In view of the fact communicated to us, that the terms of the will enforce that the legacy due to charities in Baghdad, be invested in Sound Government Securities, we have no objection to act accordingly and it is suggested that Iraqi Government 4% loan be purchased with the sum left. In case you approve this suggestion we beg you kindly to remit to us the sum bequeathed to act accordingly . Yours Sincerely Rabbi Salman Hoogi Aboodi PRESIDENT JEWISH SPIRITUAL COUNCIL - BAGHDAD ⟦illegible⟧
Spiritual Council of the Jewish Community Baghdad, May God Protect It The Israelite Spiritual Council in Baghdad ⟦line⟧ Section: 2 Number: 22 Date: 23/12/1948 Baghdad 21st December 1948 Messrs. Orr, Dignam & Co. 29, Netaji Subhas Road, CALCUTTA. Estate : Sir David Ezra ⟦line⟧ Dear Sirs, With reference to my letter dated November 14th, 1948, copy of which enclosed herewith. Your kind reply to my abovementioned letter has not been received yet and I would be glad to be favoured with your views in this respect. Yours Sincerely ⟦signature⟧ Rabbi Salman Hoogi Aboodi PRESIDENT JEWISH SPIRITUAL COUNCIL - BAGHDAD Chief Rabbi of the Jewish Community Baghdad, May God Protect It Salman Hoogi Aboodi Year 5707 Chief Rabbi of Baghdad Salman Hoogi Aboodi CHIEF RABBI SALMAN H. ABOUDI BAGHDAD Enclosures ⟦line⟧ Copy of my letter dated 14/11/48.
Spiritual Council of the Jewish Community Baghdad, May God Protect It Jewish Spiritual Council BAGHDAD No.: 71 Date: 16th May 1949. No. 1/7/49 1/8/49 15/8/49 Messrs. Orr, Dignam & Co. 29, Netaji Subhas Road. CALCUTTA. Orr Dignam Calcutta 10/8/49 11/2/50 ⟦illegible⟧ Estate : Sir David Ezra, decd. Dear Sirs, Your kind reply to our letter No. 35 dated January 16th, 1949, (copy attached ) has not reached us yet and we would be grateful if you could favour us with a reply at your earlier convenience. Please accept our thanks. Yours Sincerely, ⟦signature⟧ Rabbi Salman H. Aboodi PRESIDENT JEWISH SPIRITUAL COUNCIL - BAGHDAD For filing
Copy of letter dated 15th November, 1948, received by Ottoman Bank, Baghdad, from the National Bank of India, Bombay. ⟦line⟧ Submitted on 18 / 11 / 48 No. ⟦...⟧ The Ottoman Bank, Securities Department, Baghdad, Iraq. Dear Sirs, We are in receipt of your air mail letter of the 30th October requesting us, on behalf of a local charitable institution, to forward you a list of first class Government of India securities. We communicated with our brokers and append for the information of your constituent, a copy of a letter received from them :- " We give below a list of Indian Govt. Securities for investment of your client. The Loans are issued either in the form of promissory notes of inscribed stock. No bearer bonds are issued. Loan | Current Rate | Approximate Redemption Yield. 3% 1935-55 | Rs. 102- 1-0 | 2.56% 3% 1959-61 | " 101- 2-0 | 2.88% 3% 1966-68 | " 100- 0-0 | 3.00% 3% 1970-75 | " 100- 0-0 | 3.00% 3% Conversion 1986) or later ) | " 99- 6-0 | 3.03% 4% 1960-70 | " 110-12-0 | 2.93% As the money market is tight, the loans have come down recently and affords good opportunity for investment and we advise long-dated as they give better yield. " You will observe that our brokers have included in their receommendations the 3% Government of India Loan 1953/55, mentioned in your letter, along with current quotations and yield per cent. The above recommendations are transmitted to you without responsiblity on the part of this Bank of its brokers. With regard to exemption from Indian income-tax in respect of securities held in the name of a non-resident charitable institution, we would advise that the holders of such securities should apply to : The Income Tax Officer, Non-Residents' Refund Circle, Hutments near Brabourne Stadium Churchgate Station, Fort, Bombay. The application should be accompanied with the following documents :- (1) A certified copy of the Constitution with the Aims and Objects of the Institution and the Trust Deed in Original or a certified copy thereof (preferably certified by a Representative of the Government of India.) (2) A statement of the Institution's accounts, together with the Balance Sheet and the Auditors' Report for the immdiately preceding financial year. and (3) Full particulars of the Securities. Yours faithfully, (Sgd.) ⟦...⟧ Manager.
Number: 274 Arrived: Registered: ⟦line⟧ Insured: ⟦illegible⟧ Dignon Fils: Dinar: Value of stamps affixed (if a package): For insured items: Calcutta Registration (letter) and card (package) as the case requires: Insured for an amount of Dinar (in figures) ⟦line⟧ In words: ⟦line⟧ Insurance fee: ⟦line⟧ Weight in words: ⟦line⟧ Receiving officer: BOMAY 30 MAY ⟦illegible⟧ off
Number 149 Origin: ⟦illegible⟧ Addressed to: Dignari Fils: Dinar: Value of stamps affixed (if it is a parcel): Address of the contents: Calcutta Insured for an amount of Dinar (in figures): In words: ⟦line⟧ Insurance fee: ⟦line⟧ Weight in words: ⟦line⟧ Date Stamp 24 JAN 49 Baghdad ⟦illegible⟧ Registration (letter) bundle or (parcel) as the case requires Receiving Officer
The Spiritual Council of the Jewish Community Baghdad, may God protect it Jewish Spiritual Council BAGHDAD No. <del>35</del> Date 16th January 1949. Submitted on 16 / 1 / 49 27 / 1 / 49 Messrs. Orr, Dignam & Co. 29, Netaji Subhas Road. CALCUTTA 5 / 3 / 49 15 / 12 / 949 15 / 4 / 949 Estate : Sir David Ezra, decd. Dear Sirs, We are in receipt of your esteemed letter No. SB/CM/E3/27316 dated December 29th, 1948, contents of which have been carefully noted. The Jewish Spiritual Council of Baghdad has no objection <del>of</del>to the desire of Lady Ezra, the sole Executrix of the will of the late deceased, as to invest the legacy money outside Iraq. Furthermore the Council will be glad to hear the wish of Lady Ezra as to the country in which she desires that the legacy money be invested. Awaiting your kind reply, pleace accept our thanks, Your Sincerely, Salman Hoogi Rabbi Salman Hoogi Aboodi President Jewish Spiritual Council - Baghdad
⟦line⟧ ⟦illegible⟧ ⟦...⟧ ⟦illegible⟧
The S. R. Nathan Endowment in Singapore
Estate of the late Sir Solomon in Java N
- 3 - 2) The stocks or funds of any British Colony or dependency or any foreign Government yielding at the date of investment at the then market price interest not exceeding four and a half (4½) per cent per annum. 3) Mortgage of property of Freehold or of lease hold (held for an unexpired term of ninety-nine years at least) tenure. 12. All moneys and income which shall become payable to any person here- under who is a minor may be paid to his or her guardian whose receipt shall be a sufficient discharge to my trustee. 13. It is my express desire that my said son shall not marry any person who does not profess the Jewish religion but nothing in this clause contained shall be deemed to rescind or be construed to amount to a rescindment or rescission of or to affect any of the trusts and provisions herein contained. 14. If my said son Solomon Hai Sassoon shall die without issue or remoter issue or his issue or remoter issue shall have become extinct and with- out any brothers or half brothers him surviving then and on the happening of such ⟦event⟧ the moneys share estate and interest which he would have inherited otherwise shall become vested in my trustee upon trust for distribution among the Jewish poor of Bagdad and for other charities at the discretion of my trustee. The foregoing draft having been prepared by me the said notary before reading of same to the testator, the testator has again declared in the presence of the witnesses the terms of his last will. There upon in the presence of the witnesses this will was read by me to the testator and after reading same I the notary asked the testator in the presence of the witnesses whether what I had read was really his last will and testament to which he replied in the affermative. In witness whereof this deed. Executed at Sourabaya, on the date before mentioned in the presence of Johanna Maria Corrie van der Kop, typiste and Soedomo, notary's clerk, both residing at Sourabaya as witnesses who have signed this deed immediate- ly after the reading thereof together with the appearer and me the said notary. Done with one marginal reference, two erasures or one addition. (signed) S. Solomon. (signed) J.M.C.v.d.Kop. (signed) Soedomo. (signed) Bek.
- 2 - share of Broker's Commission on the sale or purchase of ⟦investments⟧; but where no such share of the Broker's Commission is received a charge of one quarter percent on the capital sum invested or realised shall be made, and the Bank shall also be entitled to remuneration (free from duties and as a first charge on my estate) in accordance with the Bank's scale of ⟦fees⟧ being in force at the date of this my will or such other scale (⟦if any⟧) as may be arranged by special written agreement between the Bank and me. And I further declare that if at the time of my death the business of the Bank shall have been transferred to or incorporated with that of any other Bank this will shall be read and construed as if the name of such other Bank were substituted for that of the Bank throughout. 8. I give devise and bequeath all the rest and residue of my estate what- soever and wheresoever situated unto my trustee to sell call in and convert into money all such part of my estate as shall not consist of investments of the nature hereinafter authorised. 9. Subject to the payment of my debts, funeral and testamentary expenses and legacies and any duties payable on any legacy bequeathed free of duty, I direct that my trustee shall invest in manner hereinafter authorised the proceeds of the said sale ⟦calling⟧ in and conversion and stand possessed of such investments and of such parts of my estate as shall at my death consist of such investments as afore said (here- inafter called "my residuary trust fund") upon the following trusts: 1) Upon trust, out of the annual produce thereof to pay and ⟦annuity⟧ to my son Solomon Hai Sassoon of guilders three thousand a year as long as he shall be un married, and after his marriage of guilders four thousand two hundred a year, payable in equal monthly instal- ments, for a period extending from the day of my death until my said son shall have reached forty-five years of age, and to accu- mulate any surplus income remaining after payment of the said annuity at compound interest. 2) And when my said son shall have reached the age of forty-five, upon trust to pay both capital and income and accumulated income to my said son absolutely. 3) Provided nevertheless that in case my said son shall die in my life- time or before he shall have reached forty-five years of age, leaving issue living at my death or at the time when my son would have reached the age of forty-five, such issue shall stand in the place of my said son so dying and take equally between them if more than one the residuary trust fund which my said son so dying would have taken if he had survived me or been living upon his reaching forty- five years of age. 10. I declare that notwithstanding the direction contained in ⟦paragraphs⟧ 8 and 9 hereof my trustee may postpone the sale calling in and con- version and retain all or any part of the investments in the same state as they are at my death for such period as it may in its absolute dis- cretion deem fit notwithstanding that it may be of a wasting specula- tive or reversionary nature and that pending such sale calling in and conversion the whole of the income of property actually producing income shall be applied as from my death as income. 11. I direct that any monies liable to be invested by my trustee may be invested in the name of my trustee in any of the following forms of investments with liberty to vary and transpose the same from time to time via: 1) Any of the investments for the time being allowed by English law for the investment of trust funds. 2)
Free of seal. COPY. No.2. W I L L This day, Thursday, the first of June nineteen hundred and thirty nine. There appeared before me, Jan Willem Bek, by order of the Director of Justice dated the ninth of June nineteen hundred and thirty seven number B 12/5/7, acting notary public at Sourabaya in the presence of the witnesses hereinafter named and known to me notary: Sassoon Solomon, merchant, residing in Sourabaya, and ⟦known to me no-⟧ tary, according to his declaration born in Bagdad in the ⟦year⟧ eighteen hundred and seventy-seven. Which appearer being desirous to dispose of his estate, has declared to me notary, in the absence of the witnesses, the terms of his last will, according to which declaration I the notary have made a composition and have made written as follows: 1. I revoke and annul all previous wills and testamentary dispositions made by me. 2. I state that I have previously given several gifts to my daughter Mary Sassoon to a total amount of about a hundred thousand guilders, which must be considered to be given on account of her share in my estate, so that she shall have no right or claim whatsoever in my estate and consequently I disinherit her. 3. I further state that the properties of the "Bouw Maatschappij Regertesselaan", of which the shares belong to my daughter Mary, are mortgaged to "Nederlandsch Indische Escompto Maatschappij N.V." as a security for my debts to the said Nederlandsch Indische Escompto Maatschappij N.V. and I direct my trustee hereinafter named out of my estate to pay off the debts for which the said properties are mortgaged as soon as possible, in order to get those properties free from mortgage. 4. I do give and bequeath free of any duties to Mistress Hilda Cohen a sum of guilders twenty five thousand, cash, together with a monthly rent of guilders two hundred and fifty, from the date of my death up to date of payment to her of that capital. 5. I do give and bequeath to my trustee a sum of guilders five thousand upon trust to distribute the same at its discretion among the Jewish poor of Bagdad. 6. I do give and bequeath to my wife Florence Rimmer, who has left my protection and is now living apart from me the sum of ten guilders and no more. 7. I appoint the Chartered Bank of India, Australia and China (hereinafter called "The Bank") to be Executor and trustee of this my will granting to my executor all right power and authority which can be connected to the executorship, especially the right to take possession of my whole estate and effects, real and personal of which I may die possessed or be entitled to; and I declare that the Bank may in either such capacity act by its proper officer or officers or may employ and pay a Solicitor, Broker or any other Agent to transact all or any business required to be done (including the receipt and payment of money); and I further declare that the Bank may (without being liable to account for any profit there by made) retain as banker on current account or deposit account or advance all moneys necessary or convenient to be retained as aforesaid or advanced in connection with my estate on such terms as the Bank would reasonably make with a customer of the Bank under similar circumstances and also may retain for its own use the customary share
Mr. ⟦...⟧. ZEYDNER
Mr. G. WITSEN ELIAS
Mr. J. ANDRÉ JANSMA
Mr. P. F. C. VAN GEER
Mr. TJIOE BIAN HING
Lawyers
Telephone North { 7
{ 1381
SOERABAIA, 7th January 1948.
Kembang Djepoen 168.
No. 86/S.1.
Please state date and number
when replying.
To the
CHIEF RABBI (CHADRAMBASHI),
BAGDAD - Iraq.
BY AIRMAIL
Dear Sir,
One of my clients, SASSOON SOLOMON, born in Bagdad
in the year of 1877 and resident of Sourabaya (Java) for over
forty years, died during the Japanese occupation and left an
estate valuing several hundredthousands N.E.I.-guilders. He
made a Will in the year 1939, of which enclosed I send you a
copy for perusal. His only heirs are his daughter and son,
both of age.
I would appreciate to receive your advice regarding
the law of succession used in Iraq resp. Bagdad, and especial-
ly about the following questions:
a. How should the estate be divided when the deceased should
not have made a Will?
b. Is this Will valid and should it be effected, even against
the will of the daughter?
c. If question b is answered negatively, in which way is the
Will invalid?
For your kind information in the name of both heirs
I thank you in advance.
Yours faithfully,
⟦signature⟧
J. André Jansma.
Encl.-1-
J/L
Presidency of the Jewish Community
Baghdad
General Number ⟦502⟧
Date ⟦22/2/48⟧
Committee ⟦...⟧ 3/15/948 C O P Y No 599 , 3rd March, 8. Mr. J. Andre Jansma, Kembang Djepoen, 168, S O E R A B A I A . Dear Sir, In reply to your letter of the 7th January, 1948, please note that I have submitted the case, with the copy of the Will, to the Advocate Mr. Selim Isaac, of Samawal Street, Baghdad, who will be in correspon- dence with you on the subject immediately. Yours faithfully, President, The Jewish Community, Baghdad. ⟦KH⟧ Translation Mr. J. Andre Jansma Surabaya - Java Greetings In response to your letter dated 1/7/48 I hope to inform you that I have referred the case with a ⟦copy⟧ of the will to Mr. Selim Isaac, the lawyer in Samawal Street - Baghdad who will write to you immediately about the subject Please accept my respects The President Head of the Community 3/3/48 <del>⟦illegible⟧</del> <del>⟦illegible⟧</del>
Translation of the letter from Lawyer J. André Jansma addressed to the Hakham Bashi in Baghdad Lawyer J. André Jansma Surabaya 7/1/1948 To the Hakham Bashi - Baghdad - Iraq Greetings, One of my clients, Sassoon Solomon, born in Baghdad in 1877 and residing in Surabaya (Java) for nearly 40 years, passed away during the Japanese occupation and left an estate amounting to a few hundred thousand (guilders). He had written a will in 1939, a copy of which is attached herewith for your review. His only heirs are his daughter and his son, both of whom are adults. I would be extremely grateful if you would kindly inform me of your opinion regarding the inheritance law followed in Iraq, specifically regarding the following questions: A - How is the estate divided when there is no will for the deceased. B - Is this will valid and must it be executed even if it is against the daughter's wishes. C - If the answer to question "B" is in the negative, in which case would the will be valid. I thank you in advance on behalf of the heirs for the information you will provide us with. Sincerely! Yours faithfully, J. André Jansma E
Baghdad on 15/2/48 Department Copy 16/2/1948 The Honorable Professor Salim Ishaq, the respected lawyer After greetings I attach herewith the original letter received by us from the lawyer J. Andre Jansma in Surabaya regarding the estate of the late Sassoon Solomon, requesting your kindness to provide us with your opinion regarding it in relation to the provisions of the Iraqi Inheritance Law, and please accept my utmost thanks in advance with further respect; Sincerely Head of the Community To be kept in a special file A.
S E L I M I S A A C , ADVOCATE SAMAWAL STREET, BAGHDAD. ⟦line⟧ Baghdad, 1st March, 1948. 1- PRELIMINARY:- a) The Mahommedan Succession Law - of the Sunnite Sect, is the same Succession Law for the Christian and Jewish Communities in Iraq. b) The Children of the deceased, as heirs, deserve to the Estate in proportion of two parts to son and one part to daughter. c) Any Will against the Succession Law is unvalid; the Testator cannot deprive his heirs of their legal heirship. d) Bequeath to Charity and to a man who is not heir is valid, but to a limit of the third of the Estate, not further, even if the bequest of the Testator is beyond the third of the Estate. e) Any gift made by the Testator, when living, to a man could not be accounted as being part of the share of the said man from the Estate when he becomes heir. f) The heirs, if they are majors, have the right to take possession of the Estate immediately. Any condition made by the Tastator of guardianship, trusteeship, administration and Control of the Estate is unvalid, if it is against the will of the heirs. 2- Reply to the question regarding the succession of the late Sassoon Salomon of Soerabaia, according to the Iraqi Succession Law, which is applicable for the Jews also in Iraq, and the relative preliminary points mentioned above, is as follows:- a) The Estate should be divided between his heirs, his daughter⟦...⟧ and Son, in the proportion of two parts to his son and one part to his Daughter. b) ⟦The⟧ Will in question is valid only concerning the two points, 4 and 5 of the Will. Regarding the bequest to Mistress Hilda Cohen and the bequest to the Jewish poor of Baghdad. These bequests are valid because they are, as it seems, under the third value of the Estate. All the remaining points and details of the Will are legally unvalid and should not be effected. c) The legal points mentioned in the preliminaries above show the reason of the unvalidity pointed pointed out in para (b).
SELIM ISAAC ADVOCATE SAMAWAL STREET, BAGHDAD. ⟦line⟧ Baghdad, 3rd March, 1948. Mr. J. Andre Jansma, Advocate, Kembang Djeposen, 168, SOERABAIA. ⟦line⟧ Dear Sir, His Reverence, the President of the Jewish Community of Baghdad has submitted to me for legal consultation your letter addressed to him dated the 7th January, enclosing a copy of the Will of the late Sassoon Salomon. On the request of His Reverence, I have studied the case minutiously according to the Iraqi Succession Law and I have the honour to send you herewith the requested reply and the rela- tive preliminary legal points which serve to indicate the legal way on the subject. Please acknowledge receipt and remit to me £.5/- as legal consultation fee. Yours faithfully, SELIM ISAAC C.C. to His Reverence, the President of the Jewish Community, Baghdad
Number 54 BAGHDAD 7 MAR. ⟦illegible⟧ Baghdad Arrived ⟦line⟧ Source to ⟦line⟧ J. Andre, Year of history ⟦line⟧ Jansma Value of stamps attached (if any) ⟦line⟧ Contents materials ⟦line⟧ Registered in the records of ⟦line⟧ Soerabaja (Batch) as the case requires ⟦line⟧ Java ⟦line⟧ Weight in grams ⟦line⟧ Recipient's name ⟦line⟧ H ⟦signature⟧
Certified under section 42.Stamp Act.that the proper stamp duty of Rs.15/-(Rupees fifteen only) has been paid on this instrument under article 64.Schedule I of the said Act by the Official Trustee.Burma. Rangoon sd.Illegible The 6th July 1925. Collector THIS INDENTURE made the eighth day of May 1923 BETWEEN MAURICE ABRAHAM RAEBURN of Villa Palmosa II-Menton in the Province of Alpes Maritimes in the Republic of France Retired Merchant(hereinafter called"the Settlor") of the one Part and THE PUBLIC TRUSTEE OF RANGOON BURMA India(who and whose successors in Office are hereinafter referred to as"the Sole Trustee")of the other Part: WHEREAS the Settlor is desirous of placing in the hand of the Trustee 3 1/2% India Government Stock of the nominal value of 35.000 Rupees the income of which is to be applied for the purposes of the trust hereinafter mentioned and for the purposes of such trust the Settlor will transfer immediately after the execution of these presents into the name of the Trustee the said Stock and deliver to the Trustee the scrip relating thereto NOW THIS INDENTURE WITNESSE⟦...⟧ and IT IS HEREBY DECLARED as follows. 1. The Settlor will transfer to the Trustee immediately after the execution of these presents India Government 3 / 1/2% Stock of the nominal value of therty five thousand Rupees (35.000 Rupees) (which Stock and the Investments for the time being representing the same are hereinafter referred to as"the said trust fund") and for the purpose of effecting such transfer will sign and execute all necessary transfers and documents to the intent that the said trust fund shall ⟦...⟧ stand in the name of the Trustee and that he shall be entitled to the income thereof: 2. The Trustee shall stand possessed of the said Trust fund UPON TRUST to apply the income as hereinafter provided and upon the conditions and subject to the stipulations and direcions herein contained and in the Schedule hereunder written and uponthe maturity of the present 3 1/ 2% India Government Stock to reinvest the fund in similar Trust Securities: 3. The Trustee shall out of the income of the said Trust fund pay for the further and continued education of poor boys brought up and educated in the Jewish Faith whose parents by reason of indigent circumstances shall be unable to provide for the further and continued education of such boys with the object of affording to them the advantages of further and contined education and in accordance with the stipulations and directions set out in the Schedule hereto: 4. IF and when it shll happen that in the opinion of the Trustee there are no boys available for the benefits of the trust hereby created or if the payments in respect of the number of boys available shall not exhaust the income of the Trust fund the Trustee shall invest (subject to the stipulation and direction contained in the Schedule) the unapplied or surplus income as the case may be at the end of each year in Trustee Securities and add the same to the said Trust fund with a view to increasing the capital thereof and such unexpended income as may be added to Capital must never be withdrawn and used as income: 5. The Trustee shall at the expense of the said Trust Fund or the income thereof make all such applications as it may be necessary to make out as he shall in his discretion think it advisable to make for rapayment of any sums which may be recoverable in respect of over-payments or deductions from interest or dividents on the Trust Fund on account or Income-tax or any other State Tax:
D Endowment of Munshi Sadqa in Rangoon
Certified under section 42. stamp Act. that the proper stamp duty of Rs. 15/- (Rupees fifteen only) has been paid on this instrument under article 64. schedule I of the said Act by the Official Trustee. Burma. sd. ⟦illegible⟧ Collector Rangoon The 6th July 1925. THIS INDENTURE made the eighth day of May 1923 BETWEEN MAURICE ABRAHAM RAEBURN of villa Palmosa II-Menton in the Province of Alpes Maritimes in the Republic of France Retired Merchant (hereinafter called "the settlor") of the one part and THE PUBLIC TRUSTEE OF RANGOON Burma India (who and whose successors in Office are hereinafter referred to as "the sole Trustee") of the other part: WHEREAS the settlor is desirous of placing in the hand of the Trustee 3 1/2% India Government stock of the nominal value of 35,000 Rupees the income of which is to be applied for the purposes of the trust hereinafter mentioned and for the purposes of such trust the settlor will transfer immediately after the execution of these presents into the name of the Trustee the said stock and deliver to the trustee the scrip relating thereto NOW THIS INDENTURE WITNESSETH and IT IS HEREBY DECLARED as follows. 1. The settlor will transfer to the Trustee immediately after the execution of these presents India Government 3/1/2% stock of the nominal value of thirty five thousand Rupees (35,000 Rupees) (which stock and the Investments for the time being representing the same are hereinafter referred to as "the said trust fund") and for the purpose of effecting such transfer will sign and execute all necessary transfers and documents to the intent that the said trust fund shall ⟦...⟧ stand in the name of the Trustee and that he shall be entitled to the income thereof : 2. The trustee shall stand possessed of the said Trust fund UPON TRUST to apply the income as hereinafter provided and upon the conditions and subject to the stipulations and directions herein contained and in the schedule hereunder written and upon the maturity of the present 3 1/2% India government stock to reinvest the fund in similar trust securities: 3. The Trustee shall out of the income of the said Trust fund pay for the further and continued education of poor boys brought up and educated in the Jewish Faith whose parents by reason of indigent circumstances shall be unable to provide for the further and continued education of such boys with the object of affording to them the advantages of further and continued education and in accordance with the stipulations and directions set out in the schedule hereto: 4. IF and when it shall happen that in the opinion of the Trustee there are no boys available for the benefits of the trust hereby created or if the payments in respect of the number of boys available shall not exhaust the income of the trust fund the Trustee shall invest (subject to the stipulation and direction contained in the schedule) the unapplied or surplus income as the case may be at the end of each year in Trustee securities and add the same to the said trust fund with a view to increasing the capital thereof and such unexpended income as may be added to capital must never be withdrawn and used as income: 5. The Trustee shall at the expense of the said Trust fund or the income thereof make all such applications as it may be necessary to make out as he shall in his discretion think it advisable to make for repayment of any sums which may be recoverable in respect of over-payments or deductions from interest or dividends on the trust fund on account of Income-tax or any other State Tax: