DINONATH Vs. HANSRAJ GUPTA

JUDGEMENT

(1.) The validity or otherwise of a clause in a will is the only question for decision in this appeal.

(2.) Raghumull Khandelwal died on 5 September 1926, leaving a will dated 4 September 1926, and considerable property. Clause 1 of the will is as follows: I direct that all my debts be paid out of my estate in the first instance including the charities and subscriptions promised.

(3.) The will was type--written, but the words " including the charities and subscriptions promised " were written in ink, and initialled in the margin, apparently at the last moment, but before execution. By Clause 14 thereof the testator bequeathed property of considerable value to trustees, for the purposes of education, hospital, orphanage, social service, widows and other religious and/or charitable purposes," to be applied as the trustees should think fit.