JEHANGIR DADABHOY Vs. KAIKHUSHRU KAVASHA

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Bombay, dated December 9, 1910. The High Court affirmed a decree of the Subordinate Judge of Thana, dated April 2, 1910.

(2.) THE case has reference to the construction of a will executed by one Dadabhoy Byramji on August 8, 1866. By this will the testator narrated that of his three sons then living he has given one in adoption to a paternal uncle. His other two sons were named Pallonji and Jehangirji. The material portions of the will disposing of the estate are these: "The said two sons are proprietors, half and half alike, and in equal (shares), of my whole estate, outstandings, debts, title, and interest.... Both the heirs are to take care of the said estate and look after it, and both the heirs living together, are duly to enjoy the balance which may remain after payment of the Sarkar's assessment.... In this my testamentary writing, I the testator have appointed my two sons as (my) heirs."

(3.) UP to this point in the will there can be no doubt whatsoever that the property of the estate was effectually and equally divided between these two sons. There then follow, however, the clauses which are said to create difficulty. They are these: