RAM LAL SEN Vs. BIDHUMUKHI DASI

JUDGEMENT

(1.) The plaintiff in this suit seeks to have the Will of ore Ram Gopal Sen construed and the rights, shares and interests under the said Wilt of the parties to the suit ascertained and for administration of the estate of Ram Gopal Sen under the direction of the Court and for an account of the estate from the defendant Bidhumukhi Dasi from the testator s death and for partition. The plaintiff is a son of Ram Gopal Sen, the let defendant is his widow and the executrix of his Will, the defendant Sham Lal Sen is a son, the defendants Manick Lal Sen, Nitya Lal Sen and GourLal Sen are sons of a deceased son Heera Lal Sen who survived the testator and died after the institution of the suit the defendants Sankar Lal Sen, Rash Behary Sen and Gosto Behary Sen are sons of another son of the testator named Bolai Chand Sen who survived the testator and died in the year 1895, the defendant Champa Dassi is the widow of another son Adhar Lal Sen who survived the testator and died in 1885 without leaving a son but leaving four daughters, three of whom are dead, two of them having left male issue, the defendant Bepin Behary Sen is a son of Doyal Chand Sen, a son of the testator who predeceased him, and the defendant Srimati Barai Dassi is a daughter of another son of Doyal Chand named Amrito who is dead, Srimati Barai had a son born to her last April. Amrita bad a son Ganesh who died some time in or after the year 1905.

(2.) Ram Gopal Sen died on the 16th November 1880 a Hindu governed by the Bengal School of Hindu Law leaving a Will, dated the 9th October 1878, probate whereof was granted cut of this Court in the year 1882 to the defendant Srimati Bidhumukhi Dasi, the executrix therein named. The heirs of Ram Gopal Sen at the time of his death were his five sons Bolai Chand, Sham Lal, Ram Lal, Adhar Lal and Heera Lal, and his two grandsons Bepin Behari and Amrita Lal.

(3.) The testator by his said Will appointed his wife, the defendant Srimati Bidhumukhi Dasi, executrix and trustee thereof and directed her to pay his debts and funeral and testamentary expenses and to expend a certain sum therein named on his first Shrad and after giving certain legacies, including a sum of Rs. 20,000 in Government 4 p. c. securities, to his wife for her life, to the end that the might spend and enjoy the interest thereof during her life, gave, devised and bequeathed the rest and residue of his estate moveable and immoveable unto his wife and her assigns for life interest to collect the rents, issues and profits thereof and to pay the ground rents, taxes and assessments payable in respect of the immoveable property and to keep the same in repair, and in the second place to expend according to her discretion a turn of not more than Rs. 3,600 a year towards the maintenance and education of his family, consisting of his wife his five sons thereinafter named, and their wives and children and the! widow and children of his deceased son Doyal Chand Sen, and in defraying other family and customary expenses, and in the next place to accumulate the surplus income for the benefit of his said five sons, they all living in com-mentality in his dwelling house, and he directed that in case any of his said sons should live apart from the rest of his family he should be paid a monthly sum of Rs. 25 for his maintenance. The testator then upon the. death of his wife gave, devised and bequeathed his house No. 30, Sunker Haider Lane, and certain shares to his infant grandsons Amrita Lal and Bepin Behary in equal shares, subject to the charge of maintaining their mother, and provided that in the event of either of them dying without male issue his share would pass to the survivor, subject to the charge of maintaining his widow and female issue (if any) and marrying the latter, and he provided that in the event of both his grandsons dying without male ? issue the bequest, except the Railway shares which were to pass to the survivor s heirs, should revert to and become a part of his residue, to devolve on his said five sons and their heirs subject to the limitation thereunder provided. And he gave the rest and residue of his estate moveable and immoveable oh the death of his wife to his five sons, whom he name, in equal shares and proportions, but he provided that in the event of the death of any of them without male issue his share should pass to the survivors or survivor, subject to the charge of maintaining his widow and marrying the daughter of the son so dying, should be leave any, and paying to such widow or daughter Rs. 1,000 or more, at the same rate if more than one.