RAMCHANDRA RAMRATAN Vs. RAMGOPAL ONKARJI AND ORS.

JUDGEMENT

(1.) THIS is an appeal from probate proceedings. The facts are that one Shrinarayan Jaideo died on 10 -11 -1949 leaving no issue. -It transpired that on 20 -8 -1949 he had executed a will by which he made a bequest in favour of five persons Sitaram, Ramgopal, Ramkishan, Ramchandra and Hungarian for the management of the charity to provide for the distribution of alms and food to poor persons and for certain purposes of religious nature. Out of these five trustees, Ramkishan, Sitaram and Ramchandra applied for the probate of the last will left by Shrinarayan Jaidco.

(2.) THE probate certificate has not yet been granted, for, the District Judge has laid down two conditions: the first, that the trustees must pay court fee from their own pockets, and secondly, that they must furnish securities to the extent of Rs. 98,167/13/ -, The trustees made an application that the property being in the possession of the receiver, the court -fees must be paid from the estate left by the deceased. This contention has been rejected by the Court below and the first point in this appeal, is about the court -fees.

(3.) THE rule of the English law on the point has been succintly summarised at pages 127 -128 of Williams on "Executors and Administrators" (Vol. l -13th edn.) in the following words: