RAM BHAROSEY Vs. LACHMANDAS

JUDGEMENT

(1.) THE main question which arises in this appeal is as to the nature of the estate which passed on to Smt. Gopi under the will of Nanak Chand.

(2.) IT is conceded before me that if Smt. Gopi was given an absolute estate then the plaintiff will be out of court and the suit would have to be dismissed.

(3.) THE will in question, after reciting the testator's interest in the properties bequeathed, states as follows: "bad mere Musammat Gopi. . . . . Malik howe, our usko har ek tarah ka ikhtiyar hoga ki jo chahe so khairat den wa dan waghirah karen. Koi uska Mazahim na howe. . . . . ". The will then makes certain provisions of the testator's sister and her husband.