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Brij Lal and anr. Vs. Suraj Bikram Singh - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Judge
Reported in(1912)ILR34All405
AppellantBrij Lal and anr.
RespondentSuraj Bikram Singh
Excerpt:
hindu law - will--construction of will--request to testator's daughter-in-law after death of wife--whether it conferred an absolute or only a life estate in the property. - - it seems to their lordships that the word 'heir' in that clause means heir to the testator and that the judgment of the judicial commissioners is perfectly right.macnaghten, j.1. this is a very simple case. the only question is whether the daughter took an absolute estate or an estate for life 2. in the first place, there is no estate at all given to the lady, in terms. the only direction is that she is to remain in possession and occupation of the property, and then she is invested with the power of appointing an heir either in her life-time or by will. it seems to their lordships that the word 'heir' in that clause means heir to the testator and that the judgment of the judicial commissioners is perfectly right.3. their lordships will therefore humbly advise his majesty that the appeal ought to be dismissed, and with costs.
Judgment:

Macnaghten, J.

1. This is a very simple case. The only question is whether the daughter took an absolute estate or an estate for life

2. In the first place, there is no estate at all given to the lady, in terms. The only direction is that she is to remain in possession and occupation of the property, and then she is invested with the power of appointing an heir either in her life-time or by will. It seems to their Lordships that the word 'heir' in that clause means heir to the testator and that the judgment of the Judicial Commissioners is perfectly right.

3. Their Lordships will therefore humbly advise His Majesty that the appeal ought to be dismissed, and with costs.


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