KOOLSOM BEEBEE Vs. AGA MAHOMED JAFFER BINDANIM

JUDGEMENT

(1.) THIS appeal and cross-appeal from the Court of the Recorder of Rangoon deal with questions which have arisen in the administration of the estate of Hadji Hoosain Bindanim, a Mahomedan of the Shiah sect. The testator died in February 1890, leaving one widow Koolsom Beebee (respondent in the principal appeal and appellant in the cross-appeal) and no children.

(2.) THE contents of the will so far as material may be shortly stated. The estator appointed his nephew Aga Mahomed Jaffer Bindanim (the appellant in the principal appeal) his sole executor and trustee, and directed him to sell his property and deduct from the proceeds of sale all costs and charges and a commission of three per cent. He devoted one-fifth part of the remainder (called khooms) and a sum of Rs, 3,000 to religious purposes, and directed his executor and trustee to divide the remainder, after deduction of the said sum Rs. 3,000 and Rs. 2,500 due to his wife Koolsom Beebee for dower, into shree equal shares and to retain a one-third share and divide the remaining, shares between his heirs who were his said wife and brother Aga Abdul Hadee Bindanim in the shares and proportions in which they would be entitled to the same according to Mahomedan law, and made a particular provision of the reserved one-third share. The testator declared that his executor and trustee should have power to charge a commission of three per cent, on the proceeds (sic) sale of his property real and personal and cash.

(3.) SEVERAL questions were raised on taking the accounts of the executor, four (sic) are submitted for decision in these appeals: