JETHABHAI KEVALBHAI Vs. CHHOTALAL CHUNILAL

JUDGEMENT

(1.) The material facts of this case are as follows: Gordhan Ambaidas died in Jane 1896, leaving him surviving, his wife Fulkor, his daughter Rukhmini, her husband Chunilal, and two grandsons, children of Chunilal.

(2.) By his Will, dated the 27 of May 1896, he appointed Chunilal and Fulkor his executor and executrix, and after charging his estate with the maintenance of his widow, daughter and grandsons and providing for the performance of certain funeral ceremonies, directed that his business in cotton, cotton seed, and cotton ginning, should, in order to perpetuate his name, be carried on by Chunilal so long as it could be carried on at a good profit, but should it appear that the trade would suffer so as to destroy his reputation, Chunilal should stop it. The testator then gave his widow Fulkor a life interest in all his property, with a prohibition against alienation, with remainder as to his property, which might remain over after her death to his grandsons.

(3.) At the time of his death the testator possessed inter alia a cotton-ginning factory at Saberagaum in the Surat District which was used in his business.