RONAL LLOYED POWELL AND OTHERS Vs. ADMINISTRATOR GENERAL

JUDGEMENT

(1.) JUDGEMENT JAGDISH SAHAI, J. Special Appeal No. 135 of 1954 is directed against the judgment of Sri Brij Mohan Lall, J., dated the 4th November 1962, while Special Appeal No. 453 of 1955 is directed against the judgment of the same learned Judge dated 21st November 1952. In both the cases the appellants are (1) Ronald Lloyed Powell, (2) Ewen Cameron Caldwell, (3) Dr. Ian Mackenzie Munro, (4) James Cruickshank and (6) Douglas Alexander Ritchie Youngson, while the respondent is the Administrator-General. Connected questions have been raised in these appeals. They were, therefore, heard together and are being disposed of by this common judgment.

(2.) WE would first set out the facts relevant for the decision of the two appeals.

(3.) IN the application of the Attorneys Powell and Caldwell it is clearly stated that Dame Annie Elizabeth Marshall or Watson left a will dated 10th of October, 1951 which was registered in the Commissariat of Edinburgh and that a probate of it had been granted in favour of the executors. Paragraphs 5, 6 and 7 of the application read.