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TMI Blog1905 (7) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... y which she surrendered her rights under the will. In her administration suit she anticipated and met any defence founded on these instruments by alleging them to have been obtained by fraud and by asking that they should be declared void. Those issues of fraud have been tried and decided in her favour; and the learned Counsel for the appellants intimated to their Lordships that they could not impugn the soundness of this conclusion on the facts. The appellants therefore limited their argument to three points, viz.: (1) they dispute the jurisdiction of the High Court of Calcutta; (2) on the terms of the will they deny that there can be enquiry into certain pooja expenses; and (3) they assert the invalidity of a gift over contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arini Dassi, the widow, now lives in the suburbs of Calcutta, and the family residence is in Calcutta, where the testator resided. Her suit was brought on 25th April 1898 in the High Court of Calcutta, in its Ordinary Original Civil Jurisdiction, against Nundo Lal Bose and Pashupati Nath Bose, who were the executors of the will of Mohendra Nath Bose, and also against Kadumbini Dassi, who was the surving trustee under one of the deeds sought to be set aside. As already indicated, the primary prayer was for administration, but the Court was also asked to have it declared that a trust deed, an award, a decree of the Subordinate Judge of Alipur filing the award and giving judgment in accordance therewith, and certain leases should be declared n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us against the plaintiff? " 10th. To what extent are the defendants Nundo Lal Bose and Pashupati Nath Hose accountable to the plaintiff in this suit, and is the plaintiff entitled to have the accounts taken as against them on the footing of wilful default? " 11th. Is the relief claimed or any portion thereof barred by limitation? " 12th. What is the true construction of the will of the testator Mohendra Nath Bose--(a) As regards his moveable property, has there been any disposition of it by the will? (5) Are the defendants, the Boses, as executors, entitled under it to spend any money out of the estate of Mohendra Nath Bose for the performance of religious services and worship held anywhere except at No. 13 Mohendra Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the expenses of the poojas, rites and ceremonies performed by them year by year since the death of the testator, regard being had to the position of the family and the value and circumstances of the estate. 7. On the question of jurisdiction their Lordships consider the decision right. The primary object of the suit was the administration of the estate of a deceased person resident within the jurisdiction, the principal executor being also resident there and the actual administration going on there. The High Court of Calcutta, in its Ordinary Jurisdiction, had a right to order administration of this estate, and, as ancillary to such an order, to sot aside deeds obtained by the fraud, of the executor. Nor does the circumstance that a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n intestacy. If, on the other hand, the word means the testator's right heir (as their Lordships think it may), that is the widow herself. In either case, therefore, the widow is entitled to the residue for a widow's estate. Being solely entitled to the fund directed to be accumulated, she can release the directions for accumulation" and enjoy the whole income. Their Lordships, therefore, do not see any necessity for varying the directions on this subject in the decree of Mr. Justice Stanley and affirmed by the High Court. 10. Their Lordships will, therefore, humbly advise His Majesty that, with the variation above expressed in the inquiry as to the amount expended on poojas, the judgment of the High Court should be affirmed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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