SARAT K MITRA Vs. HEM CH DEY
HIGH COURT OF CALCUTTA
SARAT K. MITRA
HEM CH. DEY
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P.C.Mallick, J. -
(1.)This litigation relates to the trust created by one Akshoy Kumar Ghose now dead (hereinafter referred to as the settlor) by his will dated 21-5-1948. The executors and trustees were directed by the instrument to pay to the wife of the settlor during her natural life an allowance of Rs. 50/ per month for her support and maintenance. They were further directed to establish and consecrate an image of Sri Sri Annapurna and to establish a charitable institution to be named "Sreenath Sebasram" for indigent Hindus in case the settlor failed to do so in his lifetime. The executors and trustees were further directed to "give, grant and dedicate" the whole of the estate for the worship of the image and for meeting the expenses of the helpless Hindus subject to the allowance payable to the wife of the settlor. The instrument further lays down: "And in such grant my executors and trustees shall provide for with the power and authority regulating the expenses hereinafter directed according to the income of the properties and circumstances attending the change in the market. 1. Daily worship of the said image of Sree Sree Annapurna Debi at a cost not exceeding Rs. 40/ per month,
(2.)Periodical worship of the said Annapurna Debi on Mohastomy day, Sivaratri, Kali Pujan and Annapurna Puja festival at a cost of not exceeding Rs. 200/ in all each year.
(3.)Performance of anniversary sradh of my father, mother and myself and my wife (after her death) at any reasonable cost as my executors and trustees shall think fit but not exceeding Rs. 200/- a year.
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