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In Re: Monohur Mookerjee - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal756
AppellantIn Re: Monohur Mookerjee
Excerpt:
executor by implication - probate--reference--high court a court of concurrent jurisdiction--indian succession act (x of 1865), section 185 and 264--code of civil procedure act x of 1877), section 617. - .....is a person--to use the words of wilde, j., in the goods of baylis (l.r., 1 p. & m., 21)--who was authorised 'to receive and pay the debts of the testator and to get in all the personal estate,' and he has been given full powers for that purpose to collect and receive all debts and manage the estate for the period of nine years, after the expiry of which he is to distribute it to the various legatees in the manner directed. we think he is entitled to probate.
Judgment:

Jackson, J.

1. This reference was not properly made by the District Judge. It is not a case in which Section 617 authorised a reference to the High Court, as the Judge's order, if made, would not be final; but the learned Advocate-General has asked the Court to take his case up as a Court of concurrent jurisdiction, and, under the circumstances, we have consented to do so. The point appears to us clear enough. The clauses of the will which have been read to us indicate, without doubt, that Monohur Mookerjee is a person--to use the words of Wilde, J., In the goods of Baylis (L.R., 1 P. & M., 21)--who was authorised 'to receive and pay the debts of the testator and to get in all the personal estate,' and he has been given full powers for that purpose to collect and receive all debts and manage the estate for the period of nine years, after the expiry of which he is to distribute it to the various legatees in the manner directed. We think he is entitled to probate.


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