RADHA LAKSHMI DEBYA Vs. JOGESH CHANDRA ROY

JUDGEMENT

(1.) This appeal arises out of a suit to recover money under three mortgage bonds. The first two mortgages were executed by defendant No. 1 as executrix to the estate of her father-in- law Raj Kishore Chuokerbutty and the third mortgage was executed both by the defendant No. 1 and her son Rajendra, the defendant No. 2.

(2.) It appears that Rajkishore before his death executed a Will on the 10th December 1886 appointing his daughter-in-law Radha Lakshmi, the defendant No. 1 in the present suit, as executrix. At the date of his Will, his son Rasik, husband of Radha Lakshmi, had died. She was, however, five months pregnant at the time, and the testator had two married daughters who were maintained in his house. By the Will, the testator provided that in the event of a grandson (a son of Radha Lakshmi) being born in his lifetime, or failing that, a grandson being adopted by Radha Lakshmi, she would act as executrix until the grandson born or adopted attained majority. It was further provided that "if there was no grandson born or adopted during his lifetime, then, and if such an event happened after his death", she would act as executrix and continue to act as such. These provisions are contained "in the first paragraph. In the 7th paragraph, it was expressly provided that if the daughter-in-law adopted a son then even after the attainment of majority by that son, she would continue as the malik of the estate for her life.

(3.) The question involved in the case is whether or not Radha Lakshmi had ceased to be executrix when the first two bonds were executed by her.