JESSIE JOSEPHINE GARRAD Vs. MILLICENT ANN HARDING

JUDGEMENT

(1.) ONE Vincent Andrew Garrad a Travelling Ticket Examiner, died; on 2-6-1956. He left a will executed on 26-4-195s. By this will he made a bequest of Rs. 5000 to his daughter Brinnel; Garrad out of his assets consisting of the provident fund, gratuity, and other assets. He directed that Rs. 4500 out of this amount be deposited in the Reserve Bank till she attained age. The balance of Rs. 500 was to be given to her guardian Mrs. Harding, and directed the interest on the deposit to be utilised by the guardian for the upkeep and education] of the daughter. The amount remaining out of his provident fund, gratuity and other assets were to be" taken by the mother and the sister of the testator in equal shares.

(2.) MRS. Harding sought for arid obtained Letters or Administration with the Will annexed. Mrs. Harding is the mother-in-law of the testator and the grandmother of the Brinnel Garrad.

(3.) THE application out of which the present proceedings arise has been filed on behalf of the two legatees under the Will, the mother and the sister. The mother being dead, the husband of the sister was impleaded as the third applicant. In the affidavit accompanying this application, it was stated that in, the statement of accounts filed by Mrs. Harding, to whom the Letters of Administration had been granted, the amounts received by her had not keen correctly shown, it was alleged that Mrs. Harding had collected1 in addition a sum of Rs. 3335 towards the gratuity amount of the deceased and a further sum of Rs. 1512, and odd towards the arrears of salary payable to him. It was claimed that under the terms of the will the gratuity amount and the arrears of salary have to be paid to the applicants, and since Mrs. Harding was Disputing their right to these amounts, the court was moved by this application for the issue of a direction to pay over those sums to them. In addition, the payment of interest upon the legacy given to the daughter was also disputed.