SRIMUTTY RANIMONI DASI Vs. RADHA PRASAD MULLICK

JUDGEMENT

(1.) Their Lordships have had an opportunity of considering the judgment of the Court below on the question as to whether on the death of the elder daughter leaving male issue the estate passed over for life to the younger daughter, and they are of opinion that it is correct, and is based on correct reasons. They will, therefore, humbly advise His Majesty to dismiss this appeal.

(2.) With regard to the contention of the appellants that the Court was wrong in holding that no grandchildren of the testator born, or adopted, after the death of the testator on 30th October 1875 could take under his will, their Lordships will not advise His Majesty to make any order except that the present advice is not to prejudice the position of the second appellant if and when such question comes before a Court for decision.

(3.) The costs of all parties as between solicitor and client will come out of the estate.