BHUPENDRA KRISHNA GHOSE Vs. AMARENDRA NATH DEY

JUDGEMENT

(1.) The determination of this suit turns on the validity of a bequest contained in the will of Heramba Nath Ghose in favour of the defendants.

(2.) The original plaintiff was Kissorey Money Dasee, the testator s mother; on her death the suit was continued by Troylackya Nath Ghose, the next reversioner, and, when he died, by his executor, the present; appellant. It is not disputed that if the bequest in favour of the defendants fails, the petitioner is entitled to the estate.

(3.) The will, after appointing the testator s wife, Paritoshini Dasee, sole executrix and authorising her to adopt, proceeds as follows: "If my said wife dies without adopting a son, or if such adopted son predeceases her without leaving any male issue, in such case my estate after the death of my said wife shall pass to the sons of my sister Sreematee Benodini Dasee who may be living at the time of my death". There then follow provisions for the maintenance and residence of his widow and for certain annuities.