SHIRINBAI DINSHAW CHOKSHI Vs. SIR NAVROJI PESTONJI VAKIL

JUDGEMENT

(1.) THIS is a suit for the administration of the estate of Framji Pestonji Vakil, who died in April, 1897. As shown in the table, at page 229 of the Printed Book, he left surviving him two daughters by a first wife, and a son, Behramji, and five daughters by a second wife, and both his wives had predeceased him. By a will executed on February 18, 1897, just two months before he died, he appointed his brothers Navroji Pestonji Vakil, and Jehangirji Pestonji Vakil and his four sons-in-law, Paymaster, Dalai, Patel and Vakil as the executors and trustees, and he had created a trust of his salt works, named Pestonsagar, for the benefit of his son and five daughters by his second wife. The trustees were directed to carry on the management of the salt works properly and to divide and distribute the income thereof- whatever may remain over after deducting (thereout) the expenses relating to the Salt works, in the following proportion, viz. , three annas each to the ladies and a one-anna share to Behramji for life with a gift over to their children. He stated also that his Municipal debentures, promissory notes, cash, etc. , should be dealt With in accordance with the detailed directions, which make up the greater part of the document. Amongst the legacies were several for charity or religious purposes. Rs. 5,000 were to be given to the trustees of the Parsi Panchayat; Rs. 1,425 to be expended on the purchase of Government Promissory Notes, which were to be held by the trustees, who were to use the interest for " throwing bread to dogs at Sabarmati and for putting a ' Parab' on the Achar Road". A " Parab " is a platform for feeding birds. The income of his bungalow at Sabarmati, which he had let out to the Post Office, after deducting the necessary expenses, should be taken by any of his daughters, and " thereout expenses shall be made for 'baj Rojgar' (ceremonies) of my late respected father and mother, my wife Jaiji, deceased Kharsedji and myself. " There is a further paragraph about the Sagar in the Thana District (which he called the agar ). He wrote- I have spent in all about Rs. 80,000 eighty thousand on it. Therefore if it fetches that much amount or some reasonable amount, then, the said ' Agar' shall be sold and with the amount (realized) Government Promissory Notes shall be purchased and the same shall be held in trust; and the interest thereon shall be paid to my above-mentioned five daughters in proportion to their respective shares.

(2.) AFTER Framji's death the executors applied to the District Court of Ahmedabad that probate might be given to Bhai Navroji, afterwards Sir Navroji Pestonji Vakil. The probate was granted on November 11, 1897. On June 8, 1899, Navroji filed an account, exhibit 163, p. 291. He included in the schedule of the estate which he had recovered a bungalow at Rutlam valued at Rs. 2,500 ; and he stated that he had written off certain sums claimable under the account mentioned there which were such as could not be recovered. Amongst these irrecoverable amounts were sums debited in the accounts against E. N. Vakil his son-in-law, J. D. Mehta. The former was a trustee under the will.

(3.) THE suit was filed on June 8, 1921. THE plaintiffs were the daughters of Behramji. THEy joined as defendants Sir Navroji Pestonji Vakil, Messrs. Paymaster, Dalai and Vakil, three of the trustees, the six surviving daughters of the deceased Framji, i. e. Jerbai, Gulbai, Pirojbai, Dhanbai, Dinbai and Shirinbai, and Byramji's widow Meherbai, who was the executor of Byramji's will and had a life estate in the whole, of his estate.