LALIT MOHAN SEAL Vs. BROJENDRA NATH SEAL

JUDGEMENT

(1.) In this suit the Court is asked to construe certain documents relating to the property of Gopal Chandra Seal, who died on the 14 September 1911. [After deciding the validity of certain other nstruments his Lordship continued:]

(2.) On the 20 August 1910 Gopal Chandra Seal made a Will, which was duly admitted to Probate. Under the Will the testator gave and bequeathed: all my real and personal estates whatsoever and wheresoever situate to my wife Sreemati Badam Moni Dasi upon trust for the maintenance of herself and for the expenses of worship of my family idols Sree Sree Madan Mohan Jew, Sree Sree Badha Eanee Jew, Sree Sree Sreedhur Jew, Sree Sree Luckhy Thakur Ranee Jew. I do hereby nominate and appoint my wife Sreemati Badarii Moni Dasi to be the sole executrix and trustee of this my last Will and testament and shebait of my said idol. I have by a deed of conveyance in favour of my son Lalit Mohan Seal provided that he will receive the rents and profits of the half part or share of the Bustee land No. 9, Damzen's Lane in the town of Calcutta for the maintenance and support of himself and his wife Sreemati Basanta Mani Dasi, and after their respective deaths my grandsons Braja Ballav Seal, Banamali Seal and Kartick Chandra Seal as therein mentioned shall Mold the same as shebait of the said family idols, and <JGN>Page</JGN> 2 of 4 perform the annual festival of Dol Jatra of the said family idols out of the residue of the rent of the said premises No. 9, Damzen's Lane as mentioned and described therein.

(3.) In my opinion, for the reasons which I propose to state hereafter, the directions in the Will appointing the testator's wife and grandsons shebaits of the family idols, and directing them to perform the annual festival of the idols out of the residue of the rent of No. 9, Damzen's Lane are void in law.