MABEL PANTON Vs. ADMINISTRATOR GENERAL OF BOMBAY

JUDGEMENT

(1.) The plaintiff in this suit is the widow of one Arthur Panton who died at Poona on or about the November 2, 1922, leaving a will dated December 24, 1918, and a codicil thereto dated October 29, 1922. The first defendant is the Administrator General to whom letters of administration with the will and codicil annexed were granted on June 28, 1923. The second defendant is the son and third defendant is the daughter of the deceased. The plaintiff claimed that certain war bonds of the face value of Rs. 1,00,000 standing at the date of the death of Mr. Panton in the names of himself and his wife or either of them belonged to her and not to the estate.

(2.) The admitted facts leading up to the purchase of the suit war bonds are as follows.

(3.) On August 23, 1922, Mr. Panton, who was then living at Poona, wrote to Messrs. Thomas Cook and Sons, London asking them to sell - 8105-4-3 five per cent. war stock 1929-47 belonging to him and to remit the proceeds to Bombay. The war stock was sold and the proceeds amounting to Rs. 1,24,036 were remitted to Bombay according to instructions. On September 18, 1922, Mr. Panton wrote to the Imperial Bank of India at Bombay asking them to sell six per cent income tax free bonds up to Rs. 1,25,000. The Bank replied on September 20 offering the bonds at Rs. 100.6 clear.