CHERYL MARGURITE SOGGEE Vs. RICHARD CHARLES MENASSE

JUDGEMENT

(1.) The brief facts leading to these cases are that Mrs. Hildred Joyce Faithful executed a Will dt. 17-I 1-87 bequeathing all her properties to the persons mentions therein. In that Will 2 persons viz. Mrs. Gertrude June Dalby and Mrs. Cheryl Margurite Soggee were to be the executors of her last Will and were jointly entitled to execute and charge calculate at 3% of the gross value of her estate for administration of her estate legal fees etc. The testator died on 31-10-1988 at Bangalore. Thereafter on 22-2-89 the proposed executor filed Pro. C.P. 4/ 89 for grant of Probate of the Will dt. 17-11-87. In that case, the caveat was entered and the citation was issued in Deccan Herald dt. 25-3-99. In response to this general notice also, none has come forward to oppose the grant of Probate. The first executrix having died since before the filing of the Probate C. P. and as this Court felt that there is no impediment to grant the probate in favour of Mrs. Cheryl Margurite Soggee - Petr. herein granted a Probate as sought for by its order dt. 16-6-89.

(2.) Subsequently in the month of July, 1990 one Rev. Father Benjamin Dorairaj filed a petition u/S 301 and 302 of the Indian Succession Act (for short 'the Act') to remove from the office of the executrix and a substitute be appointed to succeed the executrix as executor or administrator to take charge of, or manage and administer the properties of the deceased on the ground that the respondent Mrs. Cheryl Margurite Soggee intends to sell the property bequeathed under the Will to a selected individual acting in collusion to share and appropriate the undisclosed balance of the real estate price which would ultimately benefit the beneficiaries under the Will of Mrs. Hildred Joyce Faithful. The said petition is registered as Prob. C.P. 4/ 90. The respondent therein filed objections denying all the allegations made by the petitioners. Further, it is also contended that the respondent the executrix is making all sincere efforts to secure higher price. However, this petition does not require to be considered in this case as it will have to be decided after the disposal of these two matters.

(3.) According to the Will the executors amongst others were required to carry out certain things as per the wishes of Mrs. Hildred Joyce Faithful who had bequeathed amongst others as follows:(a) 10% to Rev. Mother Provincial Little Sisters of the poor, 15, Hosur Road, Bangalore-25 to be utilised for the use and benefit of the home for the aged;(b) 10% to Rev. Mother Superior Missionaries of Charity, 3, Ashoka Road, Bangalore-5 to be utilised for the use and benefit for the poor;(c) 10% to Mother Superior, St. Michalc's Convent, Old Madras Road, Jeevan Bhimanagar, B'lore. 75 for the use and benefit of St. Michale's Convent;(d) 5% to the President, Christu Seva Samaj (Anantha Ashram) Refuge for destitutes; Opp. St. Xavier's Boys' High School, Shivajinagar, Bangalore 1, for the use and benefit of destitutes;(e) 5% for the Presbyter-Presbyter-in-Charge, St. Mark's Cathedral, No. 1 St. Mark's Road, Bangalore for the use of St. Mark's Charities for the poor and needy;(f) 1O% of the Bangalore Cheshire Home, 6th Mile, HAL Airport Road, Bangalore-17, to be utilised for the physically handicapped persons;(g) 10% to the President, Bangalore Children's Society, 63, Richmond Road, Bangalore 25, for the use and benefit of Orphan Children;(h) 20% to the Director, Kidwai Memorial Institute of Oncology, Hosur Road, Bangalore 29, or the use and benefit of the poor patients suffering from cancer; and(i) 20% to the Dean, St. John's Medical College and Hospital, Sarjapur Road, Bangalore 34, to be utilised for the poor patients suffering from cancer.