Judgement

Appeal from a decree of the High Court (April 23, 1906) affirming a decree of Woodroffe J. (July 31, 1905).

The questions decided relate to the legal construction of the will of Hurry Dass Dutt, deceased, who died on October 30, 1875. The will was dated on the day of his death and appointed his widow, father, and uncle his executors and trustees.

Inter alia the will contained the folio wing provisions—

M Whereas having no son born to me of my body I am desirous of adopting one in my lifetime but in case I depart this life before carrying such my desire into effect I hereby authorize and empower my wife and executrix Srimutty Surnomoni Dassi and my executors and trustees to whom I give full permission and liberty to adopt after my decease a son and in case of his death during his minority or on attaining his full age and without leaving male issue to adopt a second son and in case of his death during minority or on attaining such age and without leaving male issue to adopt a third son and no more. In any of the above cases of adoption should the adopted son die leaving a son or sons the power of adoption shall cease or remain in abeyance during the life or lives time of su