SOPHIA ORDE AND JAMES SKINNER Vs. ALEXANDER SKINNER

JUDGEMENT

(1.) THIS appeal is one of several which have come before this Board in suits concerning the estate of the well-known Colonel James Skinner, the construction of his will, and the somewhat peculiar relations of his descendants inter se. Colonel Skinner died in 1841, leaving five sons, besides other children. His public had boon rewarded by a large altamgha grant of land in the district of Bulandshahar, which lies within the local jurisdiction of the Judge at Meerut, in the North-Western Provinces; and he had also considerable landed and other property at Delhi and other places which are now, for all civil purposes, annexed to the Punjab, and notably an estate called Haryana, in the district of Hissar, of which the chief or sudr station is Hansi. Upon the lands constituting the altamgha he built a fort, and that estate seems to have thereafter acquired, if it did not before possess, the name of Bilaspur. At the time of his death he was resident at Hansi, whore the corps of cavalry which he commanded was stationed.

(2.) HIS will bears date the 10th of May, 1841. The material passages of it are the following:--"I leave and bequeath the Income of my altamgha, zemindary, and thika villages, gardens, and houses to my five sons herein named, Joseph, James, Hercules, Alexander, and Thomas Skinner, to share alike, none of them to have the power or option (even if they all agree) to sell or divide any landed property of the altamgha or zemindary. One of my sons, whichever is most fit or whoever I may name hereafter, is to manage tins whole concern, for which trouble he is to get 10 per cent, from the whole income; and he is bound to shew a faithful account current yearly to his brothers. Should they like to live together they may live at Bilaspur, and build houses with mutual consent in the Altamgha or zemindary. Should my personal properly not pay debt all my debts, they may sell my house at Delhi and my garden at Trevillian Gunj; but should the personal property pay the debt, the house to be rented, and the rent, after paying for the yearly repairs, to be divided amongst my five sons."

(3.) THE Appellants, the Plaintiffs in the suit, are children of James, one of the sons who are now deceased; and whatever doubts may at one time have been raised as to their title, it has now been conclusively determined, by the decision of this Board in Barlow v. Orde 13 Moore's Ind. Ap. Ca. 277 that they are entitled in equal moieties to the share and interest of their father under their grandfather's will. The Respondent, Alexander, is one of the surviving sons of the testator, and the present manager of the estate under the terms of the will. There can, therefore, be no doubt that in a suit instituted in the proper forum he is accountable to the Plaintiffs for their father's one-fifth share in the net income of the whole estate.