KAPURI KUER Vs. SHAM NARAIN PRASAD

JUDGEMENT

(1.) This appeal, by the plaintiff, from a judgment of affirmance, involves the interpretation of the will, Ext. 2.

(2.) The circumstances, leading up to the present appeal, are these. The admitted pedigree, of the deceased testator, Churaman is as below:-- <FRM>JUDGEMENT_149_AIR(PAT)_1962Html1.htm</FRM>

(3.) Churaman Manto executed a will on the 1st July, 1918, (Ext. 2), in favour of his two wives, Murti Kuer and, 'Lilo Kuer, and, his widowed daughter-in-law, Radhe Kuer, and his two daughters. It is admitted, by both sides that Churarpan, by his said will, gave a life-interest to them and an absolute interest to his two daughters--Jageshwar Kuer and Kapuri Kuer born from his second wife, Lilo Kuer. Churaman died in 1927 and, thereafter, his first widow, Murti, also died in 1928. Deonarain, the only son of Churaman, from his second wife, Lilo Kuer, had predeceased him, having died before the will, in 1914, leaving behind his widow, Radhe Kuer.