MANEKJI RUSTOMJI BHARUCHA Vs. NANABHAI CURSETJI BHARUCHA

JUDGEMENT

(1.) Sir Shapurji Bharucha died at Bombay on or about June 23, 1920, leaving his last will dated June 21, 1919, and two codicils thereto which are not material to the questions which I have to decide on this summons. Defendants Nos. 1, 2, 3, 4, and 14 are the executors and trustees of the will.

(2.) Clause 14 of the will provides as follows : I direct my Executors to stand possessed of investments to be selected by them of the market value on the day of my death of Ea. 17 lakhs upon trust to pay the income thereof from time to time as the same accrues duo to my sister Bai Dinbai the widow of Manekji Rusbomji Bennet for her life.

(3.) Clause 15 of the will runa as follows : After the death of the said Bai Dinbai my Executors shall divide and pay the said sum of Rs. 17 lakhs as follows namely : (a) 4 Lakhs bo Bai Putlibai the daughter of the said Dinbai absolutely, (b) 4 Lakhs to Bai Bachubai the daughter of the said Bai Dinbai absolutely. (c) 4 Lakhs to Bai Cooverbai the daughter of the aaid Bai Dinbai absolutely. (d) 4 Lakhs to the children of Navazbai the predeceased daughter of the said Dinbai in equal shares. (e) Rs. 50,000 to Bai Dosibai the widow of my nephew Bustomji Manekji Bennet absolutely. (f) Rs. 50, 0011 to such persons and in snob, shares and in such manner in all respects as my said sister Bai Dinbai the widow of Manekji Rustomji Kennet shall by any deed, will or codicil appoint and in default of and subject to such appointment the said sum shall devolve as and form part of my residuary estate.