MONMOHINI GUHA Vs. BANGA CHANDRA DAS

JUDGEMENT

(1.) This is an appeal by a caveatrix in a proceeding for the probate of a will propounded by the respondent, Banga Chandra Das, as the last will of one Sremanta Ram Das. Sremanta Ram died on the 27 January 1900, leaving him surviving a daughter, the caveatrix Monmohini, her minor son Hara Kumar Guha, Khettra Mohan Das, another grandson, by a deceased daughter, and a widow Pourani, alias Swarnalata, the legality of whose marriage with the deceased is, however, disputed, Banga Chandra, the propounded of the will, is the husband of the deceased. daughter of Srimanta Ram and father, of Khettra Mohan.

(2.) The will is dated the 28 June 1889, and bears the attestation of a number of witnesses of whom Annada Charan Dutta verified the petition, which was presented on the 30 January 1901. Monmohini put in her Caveat on the 8 March 1901 alleging that the will propounded was false.

(3.) The will purported to devise in equal shares the testator's estate to his two grandsons, Khettra Mohan and Hara. Kumar, after they should attain majority, and directed that Banga Chandra and Manmohini should be maliks or managers and exicutor and executrix, until the grandsons were of age. Provision is also made for the maintenance of the widow Pourani, alias Swarnalata, but both she and the daughter, Monmohini, were practically excluded from the inheritance.