GREENDER CHUNDER GHOSE Vs. TROYLOCKHONAUTH GHOSE

JUDGEMENT

(1.) THERE were two questions raised in this appeal. One depends upon the true construction of the will of Anundonarain Ghose, the father of the Appellant, Greender Chunder Ghose, and of his two younger brothers, who were minors at the date of the will and at the date of the death of the testator. The other depends upon the construction and effect of certain instruments made between the three brothers after the two younger had attained their majority. Unless both can be answered in accordance with the contention of the Appellant, the appeal must fail. Their Lordships are of opinion that one at least of these questions must be answered in favour of the Respondents.

(2.) UNDER the will of Anundonarain the three brothers were entitled in equal shares to the residuary estate of the testator. The question on the will is: Did the two younger brothers on attaining majority take an absolute interest, which they could deal with as they pleased, or did they take an interest liable to be divested or defeated in the event of death without issue, natural or adopted? Mr. Justice Trevelyan decided in favour of the latter view. The inclination of the opinion of the Appellate Court was the other way, but the matter was not finally decided.

(3.) ASSUMING that Mr. Justice Trevelyan was right so far, their Lordships agree with the Appellate Court that the instruments executed by the Appellant on the occasion of the compromise and partition operated to pass every interest of every kind which the Appellant had or could claim to have in the shares allotted to the younger brothers. So long as those instruments stand it appears to their Lordships impossible for the Appellant to contend with success that any interest, present, future, or contingent, was reserved to him.