NILADRINATH MUKHERJEE Vs. SAROJNATH MUKHERJEE, MINOR, BY HIS MOTHER AND CERTIFICATED GUARDIAN AMALA DEBYA

JUDGEMENT

(1.) This is a second appeal from the appellate judgment and decree of Mr. Roy, the District Judge of Hooghly, affirming the judgment and decree of the Subordinate Judge, Babu Hem Chandra Bose.

(2.) The question arises on the construction of the Will, dated the 2 February, 1894, of the late Bejoy Krishna Mukherjee. The Will is in Bengali and we have been furnished with a translation.

(3.) It appears that the testator left him surviving seven sons and several daughters. With the daughters we are not concerned. As regards the sons, by his Will the testator divided his estate into seven shares or portions of unequal value and allotted one portion to each of his sons. Among the properties allotted to the two eldest sons was a property known as Lot Darbasini, bearing Touzi No. 6 in the Revenue Roll of the District. The two eldest sons each obtained a moiety of that property.