DAKSHAYANI DASSI Vs. AMRITA LAL GHOSE SARKAR

JUDGEMENT

(1.) This appeal relates to the construction of the Will in suit. The testator, Nobokrishna Ghose died in Aghran 1268. At the date of the Will and of the testator s death his family consisted of his wife, Sreemali Dasimoni Dasi, and two daughters, Kurani, a widow, and Bhuban Mohini Dasi, a married woman whose husband was then living. Kurani had a son of the name of Nibaran Chandra Sir then living, the husband of the plaintiff in the suit oat of which this appeal arises. There were also living at that time the testator s younger brother Ramratan Ghose and his nephew Harish Chandra Ghosh, son of a predeceased brother la war Chandra Ghose. The Will recites that the testator was in joint possession of his landed and ancestral properties with his co-sharers, referring to his brother and nephew, The following are material portions of the Will:

(2.) "I have my wife Sreemati Dasimoni Dasi and my two daughters, of whom the first, Kurani Dasi, is a widow and has a son named Nibaran Chandra bar living, and the second, Bnuban Mohini Dasi, has her husband living, and is likely to have sons born to her. Now, while in full possession of my senses, I make the following disposition of my properties. 1. After my death my wife Sreemati Dasimoni Dasi shall possess my properties, but not by right of inheritance. She shall enjoy the properties during her lifetime, keeping them as they are. 2. After the death of my wife my daughter or daughters whoever among them may be alive, whether with or without sons, shall possess my properties, but not by right of inheritance. She or they shall enjoy the properties during her or their lifetime, keeping them intact.

(3.) After the death of my daughters my grandson or grandsons, whoever among them may be alive, shall posses? my properties, but not by right of inheritance. He or they shall enjoy the properties during his or their lifetime, keeping them intact.