ANTHONY SEQUEIRA Vs. CYRUS BEHRAM IRANI

JUDGEMENT

(1.) ALTHOUGH this proceeding is registered as First Appeal it has to be decided as if it is a Second Appeal. Before deciding this Appeal, therefore, the Court must examine the case to find out as to whether there is any substantial questions of law involved in this Appeal.

(2.) THE facts leading to the litigation, in short can be stated as under.-

(3.) THE testator had made a wish in the will to establish a Residuary Trust Fund , which would be created by sale of all his properties, which were not bequeathed to any one in particular. It is common ground that at least two properties were not specifically bequeathed to any of the relatives and they were: one at Mazgaon known as Boman Behram Buildings and the other was Bungalow at Bhagur, near Devlali in Dist. Nashik. Besides the two properties mentioned above there was also a bank account having some balance. It is common ground that these three properties thus became source for forming the residuary trust fund. But, before the executors could consolidate the residuary trust fund they died one by one till 1986.