ADMINISTRATOR-GENERAL Vs. AMBOWER

JUDGEMENT

(1.) This is a suit brought by the Administrator-General of the United Provinces for a grant of Letters of Administration de bonis non to the estate of James William Twalling, deceased with a copy of the will annexed. The opposite party denies the right of the petitioner to obtain such a grant alleging that the estate of James William Twalling deceased has been completely administered.

(2.) The material facts of the case and all the relevant documents have been admitted on the pleadings or by counsel for both parties before me during the hearing and that being so it was unnecessary to call any evidence on behalf of either of the parties. The issue involved in this case is a purely legal one, viz., the true construction to be given to a devise or bequest of certain real or immovable property contained in the will of James William Twalling deceased.

(3.) James William Twalling a Government Pensioner residing in the Cantonments at Meerut died on 4 September 1893 leaving a will dated 17 October 1887. He left surviving him his widow Mrs. Eliza Rebecca Twalling and three daughters, viz. Miss Grace Edith Twalling, Mrs. Walker and Mrs. Fink. The latter appears to have greatly displeased the testator during his lifetime and she is expressly deprived in the will of any share in the property left by the testator.