MAHOMEDBHAI NENSEY Vs. FATMABAI

JUDGEMENT

(1.) This is an appeal from a decision of Batchelor J. There is no dispute as to the facts and the only points for our decision are first whether under the will of Nensey Khairaz the plaintiff is entitled to receive during her life the net income of a sum of Rs. 60,000 and secondly whether she is entitled to claim immediate payment of one-third of the sum of Rs. 60,000. Both points were decided in the plaintiff's favour by the learned Judge.

(2.) The scheme of the testator's will in the events that happened was that after certain legacies the residue was divided into three shares. Of these two were given to his two sons Mahomedbhai and Kassamali and with these we have no immediate concern. Trusts of the third share were declared in favour of the wife and children of his son Husseinbhai and it is the rights in this share that have been the matter in contest before us.

(3.) The material directions as to this third share are set forth in Clause 18 of the will.