MATHURA NATH MUKHERJEE Vs. LAKHI NARAIN GANGULY

JUDGEMENT

(1.) This is an appeal from the judgment of Mr. Justice Buckland in a suit brought for the construction of the will of Sreeman Chandra Mukherji who died in the year 1878.

(2.) The plaintiff, as the learned Judge states is one of the heirs of the testator and the defendants Nos. 2 to 12 are also heirs. The first defendant, Lakhi Narain Ganguly, is a great- nephew of the testator. He was not alive at the death of the testator, as he was born in the year 1886, and he is interested in this will as having been appointed by the will of Rama Sundari Debi, the widow of the testator, who died in 1918, the shebait of the property to which the former will referred and dedication and management of which are in question. 2. By the first clause of his will the testator gave his interest in a taluq called Dehee Ulasee to his only daughter and her husband.

(3.) The second clause calls for no mention.