ROJOMOYEE DASSEE Vs. TROYLUKHO MOHINEY DASSEE
TROYLUKHO MOHINEY DASSEE
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Stanley, J -
(1.) There can be no direction for me to take the accounts on the ground of wilful neglect and default. If there is no evidence given to establish misconduct against the executors, there will be no misconduct. Those charges must be either pressed or abandoned.
(2.) All that we are asking for is an ordinary account of their dealings. I contend that, inasmuch as the testator did not establish a thakoor in his lifetime, the directions to establish it, the provisions made for its worship, and the gift of the residuary estate to the thakoor, are void in Hindu law, except as to the annuities and legacies given by the Will. The testator's estate has descended to the widow; in other words there has been an intestacy with regard to these.
(3.) With regard to paragraph 4 of the Will, under Hindu Law, as laid down by the Privy Council in Tagore V/s. Tagore (1872) 9 B. L. R. 399. you cannot give property to a person who is not in existence at the time the gift takes effect, and an idol is a juridical person. Doorga Proshad Dass V. Sheo Proshad Pandah (1881) 7 C. L. R. 278. and Upendra Lal Boral V/s. Hem Chunder Boral (1898) I. L. R. 25 Calc. 405. See Maine, page 486, 6 edition.;
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