AMY RUSI BHESANIA Vs. FRAMROZ ARDESHIR IRANI

JUDGEMENT

(1.) THIS is an originating summons taken out by the plaintiffs for the construction of certain clauses in the will of one Amiroon Jehangir Irani, of Poona, who died on December 23, 1945, having prior thereto made a will in the Gujarat! language and character on May 28, 1945. By her will she appointed defendants Nos, 1 and 2 and one Ilustomji as executors and trustees. The executors applied for and obtained probate of that will from the Court of the Civil Judge, Senior Division, Poona, in September 1947. Rustomji died after probate was obtained.

(2.) THE deceased died leaving her surviving as her heir and next of kin a daughter, Piroja, children and widow of a predeceased son Jehangir, who are defendants Nos. 3 to 9 before me, and the widow of a predeceased son Mcherwan, Maneekbai, who is defendant No. 1,0. Piroja died intestate on June 28, 1049, leaving her surviving as her only heirs plaintiffs Nos. 1 and 2, who are the daughters of Dowlat, a -predeceased daughter of Piroja, Plaintiffs Nos. 1 and 2, and defendants Nos. 3 to 8 and defendant No. 10, as I shall point out later on, are amongst the legatees under the will. Defendant No. 11 is the Charity Commissioner, who has been made a party to this suit as certain religious and charitable bequests have been made in the will.

(3.) THEN comes a separate paragraph which raises the live issues before me. The paragraph begins as follows : -