ADWAITA CHANDRA MONDAL Vs. KRISHNADHAN SARKAR

JUDGEMENT

(1.) This is an appeal against an order granting Probate of a Will dated the 3rd June 1885. The testator died sometime between 1885 and 1892.

(2.) By his Will he gave 4 annas of his estate to his widow, 4 annas to each of his two daughters, and the remaining 4 annas to one Joy Hari Das, who is described as his foster- nephew, with the direction that on the death of any one of them, his or her share would devolve on the survivors. There is also a provision in the Will that 12 bighas of land shall be appropriated for the purpose of the worship of the deities and other religious ceremonies, for the entertainment of guests and the payment of annual pronami to the guru. The Will was a registered one, but no application for Probate, was made until the year 1914. It appears that on the death of the widow and daughters of the testator, Joy Hari, the surviving legatee under the Will, had some litigation with the nephews, i.e., the brother s sons of the testator, some of whom are the appellants before us in the present case. That litigation was compromised, the nephews of the testator taking one half of the estate and Joy Hari taking the other half. That was sometime before the present application was made by one Krisnadhan Sarkar, who was appointed executor (by implication) under the Will. The appellants, who are the nephews of the testator, opposed the applications on the ground that the Will was not genuine and secondly, that there was no estate left to be administered.

(3.) The Court below has found upon the evidence that the Will is genuine. That finding has not been assailed before us in argument.