BAI SHIRINBAI Vs. RATANBAI

JUDGEMENT

(1.) This appeal from the High Court of Judicature at Bombay raises questions as to the construction of the will of one Bomanji Kaikhushro Modi, who died in or about the year 1875. The parties are Parsis to whom the Indian Succession Act No. X of 1865 applies.

(2.) The testator made his will, dated the 9 January, 1872. By Clause 8, after reciting that he had two sons, named Nusserwanji and Sorabji, and a wife named Kuvarbai, he appointed his wife as his executrix with full powers of management. By Clause 4, after referring to his immovable and movable property of all kinds, he proceeded: Of all that I duly make my wife, the said Kuvarbai, Malek Muktiyar (absoluto owner during her life, just as I am the owner, and during her life none of my other heirs, representatives or relatives or kinsmen can question her ia regard to any matter whatevor.

(3.) Clause 7 was as follows:- 7. Agreeably to what is written above, my wife shall, during her lifetime, duly carry on vahivat (i.e., management) in respect of every kind of my property and effects and make expenses on auspicious and inauspicious occasions just as I (have been doing). And in her lifetime, keeping God and Meher Daver (the Dispanser of Justice) before bar mind, my wife shall duly, as I have directed her orally, and according to the times, make her will, and all my heirs and the heirs of my heirs shall duly act agreeably to the same.