RAJNARAIN BHADURI Vs. SMKATYAYANI DABEE
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Francis William Maclean, K C I E C J -
(1.) The question which we have to decide in this case is dependent upon the construction of the will of one Kristo Lall Bhadury who died many years ago leaving a widow surviving him and no issue.
(2.) His will which was made in Bengali is dated the 2nd of June 1862, and is in the following terms: "I, having by reason of ill-health come to the house of my father-in-law "(naming him)" and not having recovered under various modes of medical treatment and hence, considering my life to be in peril, I appoint" (literally "make") "my wife, Sreemutty Bhubunessari Dabee, to the malikatwa (ownership) after my demise as exercised" (literally "done") "by myself, in respect of the family dwelling-house," (describing it) "and wearing apparel, etc., whatever there is, (i.e.) in respect of all the properties aforesaid, I, of my own free will, make (this) will."
(3.) The question is whether the heirs of the deceased testator, who are plaintiffs, or the heirs of the widow, who died in January 1898, who are the defendants, are entitled to this property, and this depends upon the question what was the estate which the widow took, whether she took an absolute interest, or only the interest of a childless Hindu widow. The learned Judge in the Court below has dismissed the suit, hence the present appeal by the heirs of the deceased testator.;
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