BAYABAI SAKALKAR Vs. HARIDAS RANCHHORDAS

JUDGEMENT

(1.) One Gokuldas Kanji, a Bhatia, died in Bombay about the 18th December 1910 leaving a widow Gangabai and a daughter Kashibai, a concubine Bayabai, plaintiff in, the suit, and several illegitimate children said to be by her. By his will he appointed defendants 1 to 5 in this suit executors and executrix. Clause 7 of the will runs as follows :- In accordance with the directions I am going to give in private to trustee No. 1 out of the trustees appointed by me my trustees should entrust to Haridas Rs. 5000 that may be received from my life-policy and the shares of Tata & Co. also should be transferred to the person whose name will be disclosed by Haridas.

(2.) The said Gangabai filed suit No. 24 of 1911 against the said executors and executrix, praying, inter alia, (a) that the estate of Gokuldas might be administered on the footing that he had died intestate or in the alternative on the footing of the will, if proved to be genuine and valid; (b) that if so far as might be necessary the will, if proved to be genuine, might be construed by the Court.

(3.) In paragraph 9 of the plaint the plaintiff contended that several clauses of the will were void and inoperative.