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In order to determine whether a deed of trust is a valid public or charitable trust, it is necessary to see what the dominant intention of the testator is, namely, who are the real objects of his bequest and secondly whether the class indicated as the object of charity forms at least a section of the public. Where the main and paramount intention of the settler was to benefit the members of his family and thereafter the members of his caste who might need assistance from such funds there could be no public or charitable trust created.


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