GOPAL CHUNDER BOSE Vs. KARTICK CHUNDER DEY

JUDGEMENT

(1.) This action is brought by Kartick Chunder Dey against Gopal Chunder Bose and others to have a declaration that the plaintiff and certain of the defendants are entitled as representatives of the late Nilmoney Dey to be sebaits or superintendents of a pagoda, which was endowed by Nilmoney Dey to carry out the religious trusts created by his will and for the usual accounts and declarations. The plaintiff also applied that possession of the trust estate- should be delivered over to the representatives of Nilmoney Dey, and, if necessary, that a scheme should be framed for carrying out the trusts.

(2.) Nilmoney Dey died on the 1 January 1839, having made a will dated the 15 March 1838, whereby, amongst other things, he made the following bequest: "I give and bequeath Company's Rs. 20,000 for the religious worship at my house, a lower-roomed house in which the pagoda is established, and another house situated to the north of the pagoda, consisting of about five cottahs of ground, two upper rooms and two lower rooms, and also a flower garden situated to the east of the pagoda, containing more or less five cottahs of ground and two lower brick-built sheds," and then later on in the will the testator directed as follows: "The superintendence of the pagoda I entrust to my wife, and after her death to hold it by my son, Gour Mohun Dey, after his death by my daughter and her husband, Nundo Doolall Bose, and their male children successively."

(3.) Probate of the will was granted on the 16 February 1839 to William Oxborough and Gour Mohun Dey. William Oxborough did not act in the trusts, and left this country many year ago.