RICHARD TAYLOR Vs. SRI SRI SRI KRISHNA CHANDRA GAJAPATI NARAYANA DEO MAHARAJULU GARU RAJAH OF PARLAKIMIDI

JUDGEMENT

(1.) On April 19, 1892, Mr. W. Taylor executed a will in the following terms: This is the last will and testament of Mr. William Taylor, of Parlakimidi, Ganjam, India. I give, devise and bequeath unto S S.S. Gourachandra Gajapati Narain Deo, zamindar of Parlakimidi, all that I may possess at the time of my death, including my property at Kodaiknal, and shares and other property in the Commercial and Land Mortgage Bank, Madras, also books, furniture and other property, movable and immovable, and I appoint the said S.S.S. Gourachandra Gajapati Narain Deo to be my sole executor. I have no doubt that he will carry out my wishes. In witness whereof, I, the said William Taylor, have to this, my last Will and Testament, set my name this 19 day of April, one thousand, eight hundred and ninety-two, (1892). (Signed.) W. TAYLOR. Signed by the testator, arid acknowledged by him to be his last Will and Testament, in the presence of us, at the same time at his request and in the presence of each other have subscribed our names as witnesses. (Initialled.) V.V.C." The testator died on January 29, 190$, After his death a letter was found addressed, to the then zamindar of Parlakimidi and containing an endorsement that it was to be opened after his death. The letter is dated April 28, 1895, and was in the following terms: PABLAKIMIDI. 28 April 1895. MY DEAR GAJAPATI, When you open this I shall be dead. We have always been great friends and I suppose you will be sorry for a few days. You know where my will is, and I leave everything to you and I wish you to burn all my private papers and to arrange all my affairs yourself alone/Dispose 6f everything in my house, books, furniture, &c., as you like. A good deal of them belongs to you. Please get my houses in Kodaikanal sold, and also in shares in the Commercial and Land Mori-gage Bank, and any other property I may possess and remit the proceeds to Messrs. H.S. King & Co., London, for transmission to my brother, Richard in California. His address is 1301, West State Street, Los Angelos, California, America. Good-bye, from my grave, dear Goura-Chandra. (Sd.) A. TAYLOR.

(2.) The zamindar proved the will. He died on or about April 27, 1905.

(3.) The next-of-kin of the testator brought a suit for the administration of the testator's estate against the son of the zamindar as his heir and legal representative.