RADHA PROSAD MULLICK Vs. RANIMONI DASSI

JUDGEMENT

(1.) Hurry Dass Dutt, a Hindu inhabitant of Calcutta, died on the 30 October 1875, leaving a will which was admitted to probate by the High Court on the 20 December in the same year. The will was in the English language, and was probably drawn by an English solicitor, who is one of the attesting witnesses.

(2.) The only question raised upon this appeal is as to the nature of the estate which, in the events "which have happened, the testator's daughters take under the terms of the will,

(3.) The clause of the will relating to the daughters is as follows : But in case none of such adopted sons survive my said wife or in case of either surviving my said wife and dying under the said age without leaving a son or sons, I desire and direct my executors, after the death of my said wife, or the death of such son after her, but under the age of eighteen years without leaving a son or sons, to make over and divide the whole of my estate, both real and personal, unto and between my daughters in equal shares, to whom and their respective sons I give, devise and bequeath the same, but should either of my said daughters die without leaving any male issue surviving, but leaving my other daughter her surviving, then in such case the surviving daughter and her sons shall be entitled to the share of the deceased daughter, or in the case of the death of either daughter leaving sons, the share of such daughter is to be paid to such her son or sons, share and share alike.