LAWS(PVC)-1940-8-75

R S SINHA Vs. MISS SALENA HECTOR

Decided On August 09, 1940
R S SINHA Appellant
V/S
SALENA HECTOR Respondents

JUDGEMENT

(1.) This is an application by Mr. R.S. Sinha, an advocate of this Court, to prove the will of one Mrs. Elsie Augusta Black in common form.

(2.) On 12 December 1937, it is alleged that the testatrix executed the will in question and on 29 December 1937, she died. The will names Mr. Sinha and Miss Salena Hector as executor and executrix, but Miss Salena Hector, so far from joining in this application for probate in common form has objected to it. She has also entered a caveat in the proceedings. The executor, Mr. Sinha, has raised a preliminary point that Miss Salena Hector has no right to oppose these proceedings on the ground that she is not interested in the estate. As I have stated, she is named as an executrix in the will; but as executrix she could only put forward the will and not oppose it. Miss Salena Hector, it is said, is also a creditor of the estate, and Mr. Kazimi who has appeared for her has conceded that he cannot object to probate on the ground that Miss Hector is a named executrix, but he has contended that he can object to probate in common form on behalf of Miss Hector as a creditor of the estate.

(3.) It appears that the testatrix was a legatee under her sister's will, and at one time it appears to have been thought that the testatrix would have obtained a very substantial sum under that will. On the death of the testatrix's sister, proceedings connected with her will took place in the Calcutta High Court. The result of those proceedings was that the testatrix was entitled only to Rupees 2051-2-5 instead of what was thought to be a legacy of a lakh of rupees. When the testatrix made her will, it is suggested that she was under the impression that she would have a considerable amount of money to dispose of; but owing to the manner in which the litigation in Calcutta ended it now transpires that her estate is insolvent and that the money in hand is not sufficient to pay the debts, some of which are mentioned in the will.