EDALJI DHANJISHA ANKLESARIA Vs. SORABJI DINSHAWJI GINWALLA

JUDGEMENT

(1.) THIS is an administration suit to administer the estate of one Dhanjisha Edalji Anklesaria who died on April 27, 1944. , leaving him surviving his three sons, plaintiffs Nos. 1 and 2 and defendant No.4, and four daughters, plaintiff No.3 and defendants Nos. 2, 5 and 6 .His eldest son Maneksha predeccased him. Maneksha left his will and plaintiff No.1 and defendants Nos. 1, 7 and 8 are the executors of that will.

(2.) THE deccased left a will and testament bearing the date May 8, 1934. He also left a supplemental will, dated April 25, 1944, and he also left a draft trust deed which did not bear any date. THE will of May 8, 1934, the supplemental will of April 25, 1944, and the undated draft trust deed were all admitted to probate.

(3.) THE first question is : whether the will dated April 25, 1944, left by the testator is supplemental to the will dated May 8, 1934? It is undoubtedly so and both the wills have to be read as one testamentary document and the provisions of both these documents have to be reconciled with each other.