LAWS(PVC)-1919-6-55

SULOCHANA DEBI Vs. JAGATTARINI DEBI

Decided On June 10, 1919
SULOCHANA DEBI Appellant
V/S
JAGATTARINI DEBI Respondents

JUDGEMENT

(1.) This is an appeal by the plaintiffs in a suit for construction of a Will, for administration of the estate covered thereby, and for incidental reliefs.

(2.) Rai Durgagati Banerjee Bahadur made a testamentary disposition of his properties on the 6th February 1903, arid died on the 26th March 1903. His widow as executrix obtained Probate of the Will on the 27th August 1303. She has since then from time to time alienated immoveable properties comprised in the estate of her husband. The present litigation was commenced on the 27th November 1911 by the sons of his two daughters as also the surviving daughter for construction of the Will and for declaration that the alienations will not be binding upon them as reversionary heirs after the death of the widow. The claim has been resisted by the widow and her transferees, on the allegation that she took an absolute interest in the estate under the Will.

(3.) The relationship of the members of the family will appear from the following genealogical table: 3. The Subordinate Judge has held that the first defendant took an absolute interest in the estate under the Will and has accordingly dismissed the suit, without investigation of the question raised in the fifth issue, namely, whether the alienations were made for legal necessity. On the present appeal, the only question discussed at the Bar relates to the exact nature of the interest taken by the first defendant in the estate of her husband under the terms of his Will.