BANERJEE,J. - (1.) THE questions the Ct. has been asked to answer on the summons involve the construction of the will dated 21 -6 -1916, made by one Sambhunath. Roy who in his life time was a Hindu governed by the Dayabhag and died on or about 25 -6 -1916.
(2.) THE questions are as follows : '(a) On a true construction of the will of the testator, who on the death of Smi. Annabati Dassi, are entitled to the testator's estate, viz., (i) 55 equal parts or shares in the testator's portion of the family dwelling house; & (ii) 35 equal parts or shares in the rest & residue ? (b) What are the rights (if any) of the parties named In paras. 18 (a) to (e) of the affidavit of Gagan Chandra Roy affirmed on 12 -12 -1949 ? (c) What is the true line of succession to the estate of the deceased ? (d) What is the period of distribution ? (e) To whom is the income of the estate to be paid at present & in future, & from when ? The testator left a son Rakhaldas Roy, his wife Annabati Dassi and their son, Tarakdas and other relations. The relationship of the parties appear from the following pedigree : BADAN CHAND ROY (d. 1858) _________________________|___________________________ | | | Sreenath Roy (d. 190) Sambhunath Roy Gopinath Roy (d) | (d. 25.6.1916) | _________|___________________________________________ | | | | | Rakhal Das = Annabati Daughter Daughter | (d. 1936) (d. 27.7.1949) | | ____________ _|________ | | | | | | Tarak Das Gosto Behary Seal Chandrika Narayan Netaji Ch. (d) Gour Ch. Gagan Ch. (d. 1926) Dhur | _______|________________________________________________________________________ | | | | | | | | | Jugal Kissore Dulal Kissore Gocul Kissore Jadab Kissore Radha Madhab Mohan | (Roy (d. 1917) (d. 1927) (d. Jany. 1943) (d. Oct. 1943) Kissore Kissore Kissore | | | | | | Prayag Kartick Pasupati (minor) Dwaraka (minor) |________________________________________________________ | | | | | | Bankim Kala Tara Shyam Ratan Nemai Chandra Chand Chand Chand Chand Chand
(3.) THE will was duly proved by the executors, Gaganchand Roy, the testator's nephew, Nundolal' Roy and Jugal Kissore Roy, his grand -nephews.;