Judgement

Appeal (No. 66 of 1934) from an order made by the High Court of Judicature at Fort William in Bengal in its appellate jurisdiction (April 24, 1933) affirming an order made by a judge of that Court (March 17, 1931).

The question for decision was whether the Administrator-General of Bengal, acting as executor of the will of one Pasupati Mukherjee, deceased, was bound to make over to the respondent, the widow of the testator, the share of her deceased son, Tirthapati Mukherjee, in the estate of his father notwithstanding that the respondent had not taken out a succession certificate in respect of her sons estate.

The facts appear from the judgment of the Judicial Committee.

Costello J. was of opinion that the proper order was to direct the Administrator-General to hand over to the widow Tirthapati Mukherjees share of the residuary estate less a sufficient sum to cover any claim which might be made by the Crown for Court fees upon the footing that the widow ought to have taken out a succession certificate as a condition precedent to her right to have the funds handed over to her.

An appeal against that order by the Secretary of State for India and by the Administrator-General