MOTILAL MITHALAL Vs. ADVOCATE GENERAL OF BOMBAY

JUDGEMENT

(1.) This is an originating summons taken out for the purpose of obtaining the Court's opinion upon the construction of the will of one Jethalal Nathalal, who died on the 9 October 1907, leaving a will dated the 15 of July 1907. The summons is taken out by the executors according to the tenor of the will, and the principal point that arises is the determination of the question : What, if any, interest is taken by the second defendant Bai Dhankore under the will of the testator. Bai Dhankore is the widow of the testator.

(2.) The will, which is in Gujarati, sets out that the testator had certain properties which he desired to dispose of and he commences his will by saying :

(3.) I in my full consciousness make this my will agreeably to what is written below. The particulars thereof are as follows : - 1. There are my three daughters by name Mani and Kasi and Somi born of the womb of my first married wife Jadav and no son whatever is alive. My said wife Jadav is dead. 2. I have got my oldest daughter Mani married to Shah Hargovandas Vachhraj in Bombay and my two other daughters Kasi and Somi have remained to be betrothed and married. 3. After the decease of my wife Jadav I have married again with Dhankore the daughter of Shah Chunilal Jethalal in (he city of Broach. No child whatever has yet been born of her womb.