PARBATI BIBEE Vs. RAM BARUN UPADHYA

JUDGEMENT

(1.) This suit was set down by consent for settlement of issues, and the only question, which I have to try, is what is the proper construction of the residuary clause in the will of the deceased Debi Prosad Agurwalla, a Hindu governed by the Mitakshara School of Law, who died in June last year.

(2.) The will is in the English language and was prepared by an English solicitor.

(3.) The clause is as follows: And as to the rest and residue of my estate I give and devise the same to my executor in trust to spend and give away the whole thereof in charity in such manner and to such religious and charitable purposes as he may in his discretion think proper.