Kolkata Court March 1876 Judgments

In the Goods Of: Gladstone (Deceased)

Court: Kolkata

Reported in: (1876)ILR1Cal169

Richard Garth, C.J.1. In this case an unlimited grant of probate in the usual form has been granted to the executor of Mr. Murray Gladstone by PHEAR, J., and the only question which we have to decide is, whether any duty should be paid in respect to the two properties mentioned in the petition, viz., an indigo factory in Tirhoot, and a share in the premises Nos. 5 to 8 Olive Street, Calcutta, which formed part of the partnership property of the firm of Gillanders, Arbuthnot and Co., of which the testator, Mr. Murray Gladstone, was a member. It is stated in the petition, that Mr. Murray Gladstone was one of the persons to whom both these properties were conveyed, and it is therefore necessary, in order to enable the firm to deal with them, that probate of Mr. Gladstone's will should be taken out in this country; but it is contended that no duty should be charged in respect to those properties, because, by some arrangement between the partners, Mr. Gladstone's share of the partnership as...