Judgement

Appeal from a judgment and decree of the High Court (November 23, 1913) affirming a judgment and decree of Fletcher J. (June 19, 1912).

The appeal related to the will of Herumbo Nath Ghose, a Hindu inhabitant of Calcutta, governed by the Dayabhaga school.

The testator appointed his wife as his sole executrix and, after giving her authority to adopt, provided in the terms set out in the head-note and in the judgment. The testator died on November 10, 1907,

Law. Rep. 43 Ind. App. 12 ( 1915- 1916) Bhupendra Krishna Ghose V. Amarendra Nath Dey

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without issue, leaving him surviving his wife, his mother, ; and the respondents, namely, the two sons of Srimati Benodini Dassi, the testators sister. On August 3, 1909, the widow adopted a son, who died an infant and unmarried on March 11, 1910. A few days after, namely, on March 16, 1910, the widow also died.

On March 30, 1910, the testators mother instituted the present suit against the respondents. She claimed the estate as heiress of the adopted son and contended that the gift over in favour of the testators nephews (the respondents) was void and inoperative in law. The plaintiff died pending the hearing of the suit, which was