Judgement

Mahajan J. -

These two connected. appeals from the judgment and decree of the High Court of Judicature at Calcutta in appeal from original Decree NO. 43 of 1942 dated 6-5-1946, arise out of Title Suit NO. 63 of 1938, instituted on 21-9-1938 in the Court of the Second Additional Subordinate Judge of Alipore, by Rajlakshmi against the Sens and the Dasses for possession of the properties which represent a four anna share of the estate once held by one Raj Ballav Seal.

2. On 8-6-1870, two days before his death, Raj Ballav Seal,a Hindu inhabitant of the town of Calcutta governed by the Bengal School of Hindu law, executed a will giving authority to his widow Mati Dassi to adopt a son and apointed her and three other persons as executors and trustees of the estate and gave them elaborate directions for the administration and distribution of his extensive properties. Raj Bhallav was one of those persons Who believe in leaving detailed instructions about their property and the manner in which it is to be managed and taken after their death and expect their wishes to be dutifully carried out by those who survive them. How his wishes have been respected by his descendants is now a ma