SRIMATI GUNAMANI DASSI, WIDOW OF DURGA DAS SARKAR AND EXECUTIVE TO THE ESTATE OF THE LATE DURGA DAS SARKAR Vs. DEVI PROSANNA ROY CHAUDHURI

JUDGEMENT

(1.) The facts which have given rise to this suit are as follows: One Durga Das Sirkar, deceased, left a Will, and his surviving widow, Gunamani Dasi, the present appellant, as executrix named in the Will, took out Probate. Durga Das had married twice: his first wife bore him two daughters, one of whom was named Annapurna Dasi : and Ms second wife bore him six more daughters, and eventually bore a son, but before the son was born a boy named Rajendra was taken in adoption by the testator. It is agreed that the adoption was made after the death of the first wife, and after the second marriage.

(2.) The fourteenth Clause of the Will made provision for the eight daughters in these terms: each of the above daughters shall get Rs. 5 per mensem, i.e., 60 Rs. per annum out of the estate left by me :" and the direction continued ukta Kanyaganer madhye kaharo mrityu haile, ukta mrita kanyar warishgan ukta mashik paneh taka paibe."

(3.) Annapurna s husband died and she died later leaving no issue The plaintiffs are her husband s younger brothers they brought a suit for the annuity bequeathed by the Will, and that suit was compromised on April 17th, 1913, the suit being dismissed. They have now brought the present suit to recover the annuity in respect of a later period and they have been successful in the Courts below.