SECRETARY OF STATE FOR INDIA IN COUNCIL Vs. MUTTY PARIJAT DEBI

JUDGEMENT

(1.) THIS is in appeal from an order dated April 24, 1933, and made by the High Courts of Judicature at Fort William in Bengal in its appellate jurisdiction, affirming an order made by a Judge of that Court on March 17, 1931.

(2.) THE facts out of which this appeal arises are shortly as follows. One Pasupati Mukherjee, a resident of Calcutta, died on May 9,1919 possessed of considerable property, having made a last will and testament whereby he appointed the Administrator General of Bengal as his executor. By the said will" after making specific bequests and provisions for certain annuities and for the marriage of his daughter, it was provided that THE residual estate shall be divided among the children of my late brother, when all of them shall have attained majority. Till then it shall be in the hands of the executor. Half of my estate shall be divided equally among the sons of my late lamented elder brother and the remaining half shall be divided among my children in the proportion of two shares for a male child and one share for a female child.

(3.) THE matter came on for hearing before Costello J. sitting in the Original Side of the High Court, in its testamentary and intestate jurisdiction, and after eleven days the parties other than the Administrator General came to an arrangement, which was embodied in an agreement dated March 3, 1928.