HIGH COURT OF CALCUTTA
Referred Judgements :-
HARIPADA SAHA AND ANR. V. GHANASHYAM SAHA AND ORS
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B.Panigrahi, J. -
(1.)These two revisional applications are directed against the orders dated 29th June, 1994 and 14th July, 1994 respectively passed by the Additional District Judge. 11th Court, Alipore in Original Suit 5 of 1991 and Misc. Case 16 of 1994 arising out of the Original suit 5 of 1991 on an application for review filed by the revisionist against the order dated 29th June, 1994. Both the revisions were heard together and are disposed of hereunder.
(2.)one Mrs. Mary Winfred Earle died on 30th August, 1950 leaving a will under which she is said in have bequeathed all her properties in favour of two surviving sons, namely. Redmound E.M.Earle and Neville Williams. Earle Redmound was appointed as Executor in the said will. Undisputedly Redmound took out the probate of the will as an Executor. The eldest son of Mrs. Mary Winfred Earle, Clearance Borderick EIwin Earle, predeceased his mother leaving behind his widow and the petitioner. As such the petitioner is the elder brother's daughter of Redmound Earle and Neville Earle. Redmound and Neville died unmarried and the petitioner claims herself to be the sole heir and next of their kin. Petitioner's father and her mother died in London and she also has been residing there.
(3.)Neville Williams Earle died on 18th June, 1958 as bachelor and after his death, his elder brother R. P. M. Earle died on 7.11.63.
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