Lord Morton of Henryton - (1.)This is an appeal from a judgment of the Supreme Court of Fiji dated 11 October 1946, on an originating summons in the matter of the estate of Nanhu deceased.
(2.)Until his death, Nanhu carried on business as a merchant in partnership with his brother Jagannath under the style of Jagannath Nanhu and Co.
(3.)Nanhu made his will on 21 August 1937, in the following terms: "This is the last will and testament of me Nanhu son of Birma of Labasa on the Island of Vanualevu in Fiji. Merchant. I hereby Revoke all former Wills and other Testamentary writings by me heretofore made And I Declare this to be my last and only Will and Testament. I appoint my brother Jagannath Son of Birma Merchant who is also my partner to be my sole executor and trustee. I Give Devise and Bequeath unto my said trustee all real and personal property of whatsoever nature and wheresoever situate of or to which I may be entitled or over which I may have a disposing power at the time of my decease absolutely save only with the proviso that he shall, during her lifetime, allow my wife Ramdassi to live in the Dwelling house at Nasea where she and I now live and shall supply her out of my estate with money and goods sufficient to maintain her during her lifetime in the manner in which she has lived with me in my lifetime but having regard always to the state of our business and to any economic conditions which may affect the same and further that he shall himself make a Will leaving the whole of his Estate to me should he predecease me and otherwise to be divided equally between my said wife Ramdassi and Bacheoni the wife of the said Jagannath or, in the event of the death of either, to the survivor of them. Should my said brother Jagannath predecease me I Give Devise and Bequeath the whole of my estate including such property as I shall inherit from the said Jagannath and remain possessed of at the time of my decease to be divided equally between my said wife Ramdassi and Bacheoni the wife of the said Jagannath. And I Direct that if either the said Ramdassi or the said Bacheoni shall predecease me that the whole of my estate shall go to the survivor of them and, in such an event or events, I Appoint the said Ramdassi and the said Bacheoni or the survivor of them, to be my executrices and trustees."