Judgement

Appeal (No. 19 of 1943) from a judgment and decree of the High Court in its civil appellate jurisdiction (January 8, 1942), affirming a judgment and decree of that court in its ordinary original civil jurisdiction (May 23, 1941).

The question for determination in this appeal was whether, as held by both courts below, the bequests under the will of Edward Abraham Sopher hereinafter mentioned in favour of his unborn grandchildren were valid, or whether, as the appellants contended, they were invalid by reason of the provisions of ss. 113 and 116 of the Indian Succession Act, 1925. The following facts are taken substantially from the judgment of the Judicial Committee The questions raised in this appeal related to the construction of the will of Edward Abraham Sopher, a resident in Calcutta, domiciled in British India, who had carried on the business of a stock and exchange broker in that country. His will was dated April 16, 1926. He died on February 24, 1939, leaving him surviving a widow, the second respondent, and two sons, the appellants. The sons were of age at the date of his death, but unmarried. He had no children who predeceased him. On May 1, 1939, probate of the