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Srimutty Ranimoni Dasi Vs. Radha Prasad Mullick - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1914)16BOMLR787
AppellantSrimutty Ranimoni Dasi
RespondentRadha Prasad Mullick
DispositionAppeal dismissed
.....her death -(gift to a class - incapacity of some to take-rule that donee must be in existence the testator death- hindu wills act (act xxi of 1870), section 3.;a hindu by his will directed his executors, on the failure ah initio of a prior bequest to an adopted son, ' to make over and divide the whole of my estate, both real and personal, unto and between my daughters in equal shares, to whom and their respective sons i give, devise and bequeath the same, but should either of my said daughters die without leaving any male issue surviving, but leaving my other daughter her surviving, then in such a case the surviving daughter and her sons shall be entitled to the share of the deceased daughter, or in the case of the death of either daughter leaving sons the share of such daughter is to..........costs of all parties as between solicitor and client will come out of the.....

Moulton, J.

1. Their Lordships have had an opportunity of considering the judgment of the Court below on the question as to whether on the death of the elder daughter leaving male issue the estate passed over for life to the younger daughter, and they are of opinion that it is correct, and is based on correct reasons. They will, therefore, humbly advise His Majesty to dismiss this appeal.

2. With regard to the contention of the appellants that the Court was wrong in holding that no grandchildren of the testator born, or adopted, after the death of the testator on 30th October 1875 could take under his will, their Lordships will not advise His Majesty to make any order except that the present advice is not to prejudice the position of the second appellant if and when such question comes before a Court for decision.

3. The costs of all parties as between solicitor and client will come out of the estate.

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