PRAMATHANATH SARKAR Vs. SUPRAKASH GHOSH

JUDGEMENT

(1.) This is a suit for payment of a legacy of Rs. 10,000 to the plaintiffs, as executors of the will of Saratbala Dasi, and for administration of the estate of Lalitmohan Sarkar, deceased.

(2.) Lalitmohan Sarkar died on 17 December 1921, leaving a will dated 21 November 1921, in which ho had named the defendant Suprakash Ghosh as his executor and residuary legatee, Suprakash Ghosh being in fact his nephew. On 19 April 1926 probate was granted to Suprakash Ghosh.

(3.) In his will, the testator said: It is my will and desire and I direct that my wife, the said Saratbala Dasi, will get a legacy of Rs. 10,000 out of my estate if she survives me.