Judgement

Consolidated separate appeals by each of the two defendants from a decree of the Judicial Commissioner of Oudh (Feb. 24, 1899) reversing a judgment of the Additional Civil Judge of Lucknow (July 15, 1897).

The main questions decided in this case relate to the validity and effect of a will executed on July 10, 1890, by Mussamat Zaibunnissa, alias Haji Begam, and to the respondents claim to succeed on an intestacy to her estate as her heirs. Haji Begam died on January 19, 1894. In case of intestacy the plaintiffs Anjuman Ara Begam and Wasi Ali Khan were admittedly entitled, if legitimate, to succeed to two-thirds of her estate, and the defendant Baker Ali Khan was entitled by inheritance to the remaining third.

By her will Haji Begam bequeathed to Sadik Ali and Baker Ali Khan, mainly for religious and charitable purposes, Government promissory notes, forming a portion of her estate not exceeding one-third, a devise in excess of one-third being void under Mahomedan law. Probate thereof was granted to Sadik Ali alone as executor in consequence of the minority of -Baker Ali Khan. Sadik Ali and Baker Ali Khan obtained possession of the property bequeathed, which was in the poss