ALEXIUS JACOB REBELLO Vs. ALFRED CAMILLO REBELLO

JUDGEMENT

(1.) This is a suit for the administration of the estate of one Francis Anthony Cyril Rebello, who died at Bandra on or about 20-11-1934 leaving a will dated 21-12-1923, by which he appointed his cousin Alexius Joseph Rebello as his sole executor and residuary legatee. The said Alexius Joseph Rebello predeceased the said testator; and on 3 9-1937, defendant 1 was granted Alexius Jacob Rebello vs. Alfred Camillo Rebello (13.03.1951 -BOMHC) Page 3 of 12 (13.03.1951 -BOMHC) Page 3 of 12 letters of administration with the will annexed of the estate of the deceased Fransis Anthony Cyril Rebello by the District Judge, Thana,

(2.) Apart from the question of ascertaining the estate left by the deceased, which is always a matter for the Commissioner of this Court to determine, certain questions of law have bean raised before me. One of them relates to the interpretation of clause (w) of the will and another to a legacy under clause (d) of the will to the Bishop of Damaun.

(3.) One D. Jose Da Costa Nunes. Archbishop of Goa and Damaun, who is known as the Patriarch of the East Indies, was made a party defendant at his own instance, and he is defendant 25. He claims that ho is entitled to the legacy given under clause (d) of the will. The other parties to the litigation do not admit that defendant 25 is the Bishop of Daman, who is the legatee under clause (d), and put defendant 25 to strict proof of that fact. They further allege that in any event the bequest is bad, firstly because, the will was not registered as required by Section 118, Succession Act, and, secondly, because the bequest is subject to an impossible condition and is, therefore, void under Section 126. Succession Act.