Mumbai Court May 1908 Judgments

Radha Prosad Mullick Vs. Ranimoni Dassi

Court: Mumbai

Reported in: (1908)10BOMLR604

Andrew Scoble, J.1. Hurry Dass Dutt, a Hindu inhabitant of Calcutta, died on the 30th October 1875, leaving a will which was admitted to probate by the High Court on the 20th December in the same year. The will was in the English language, and was probably drawn by an English solicitor, who is one of the attesting witnesses.2. The only question raised upon this appeal is as to the nature of the estate which, in the events 'which have happened, the testator's daughters take under the terms of the will,3. The clause of the will relating to the daughters is as follows : But in case none of such adopted sons survive my said wife or in case of either surviving my said wife and dying under the said age without leaving a son or sons, I desire and direct my executors, after the death of my said wife, or the death of such son after her, but under the age of eighteen years without leaving a son or sons, to make over and divide the whole of my estate, both real and personal, unto and between my d...