RAMACHANDRA SHENOY Vs. HILDA BRITE

JUDGEMENT

(1.) This appeal by special leave raises for consideration a very short but by no means an easy question regarding the proper construction of a will.

(2.) The testatrix was an Indian Christian lady of the Roman Catholic faith Mrs. Mary Magdelene Coelho. She was a widow and was possessed of considerable properties in respect of which she had previously executed settlements in favour of her children. The will whose construction falls for determination was executed on July 25, 1907 and related to the properties still remaining with her after these settlements. She had originally four daughters, but by the date of the will only two of them were alive - her eldest Severina Sabina Brito and her second Mary Matilda Coelho. The other members of her family then alive and to whom it is necessary to refer were a grand-daughter-Julia Mary Margaret Fernandez by her deceased 4th daughter and four sons of the eldest daughter-Severina. It may be added that the third daughter who died before 1907 left no issue. We might now proceed to the terms of the will. The relevant clause whose interpretation is the subject of debate in this appeal is its Cl. 3 (c).

(3.) Clauses 1 and 2 are in the nature of an introduction, contain no disposition but are merely a narration of facts etc, and therefore not material to be set out. The dispositive portion of the will starts with Cl. 3. This consists of 3 sub-clauses. Sub-clauses (a) and (b) describe certain immovable properties which not having been included in the previous settlements, remained at the disposal of the testatrix and sub-cl. (c) proceeds to effectuate a disposition of these items and of all other movable properties that she might die possessed of.