SHIRINBAI Vs. RATANBAI AND NAVAJBAI

JUDGEMENT

(1.) This is an appeal from the judgment of Beaman J. We have to construe the will of Bomanji Kai-khusru Modi who, by Clause 4 of his will as to all his property, made his wife Kuverbai "Malek Mukhtyar" during her life, just as the testator was the owner, free from question by any of his other heirs, representatives, relatives and kinsmen, with directions (Clause 5) that she should protect the children, as he had protected them, according to their means, declaring (Clause 6) that if any of his children should not behave respectfully towards, and act according to the order of, the mother, then during her life-time the child should not have any claim to any of the testator s property.

(2.) Clause 7 provided that "agreeably to what was written above, the wife was, during her life-time, to carry on Vahivat (management), in respect of every kind of property and make expenses on auspicious and inauspicious occasions , as the testator had been doing." The clause proceeds "and in her life-time, keeping God and Meher Davar (the Dipenser of Justice) before her mind, my wife shall duly as I have directed her orally and according to the times (i. e. as circumstances demand) make her will, and all my heirs and the heirs of my heirs shall duly act agreeably to the same."

(3.) The learned Judge held that Clause 4 conferred no more than a life-estate upon Kuverbai. In this construction I concur, for although " Malek Mukhtyar " would, standing by itself, imply absolute ownership, that term is limited by the words "during her life" in Clause 4, as well as by the implication in Clause 5, that the maintenance of the children should be proportioned to the means of the testator which he confided to his widow and the directions in Clause 7 that the widow during her life-time should carry on Vahivat and make expenses on auspicious and inauspicious occasions (such as marriages and deaths).