Judgement

Appeal (No. 6 of 1927) by special leave from two decrees of the Court of the Judicial Commissioner of Oudh (November 25, 1924) affirming two decrees of the Subordinate Judge of Partabgarh.

The question in the appeal was whether legacies provided by the will of a deceased Oudh taluqdar in favour of his sons were void under s. 54 of the Indian Succession Act, 1865, by reason of the sons being attesting witnesses of the will.

Both Courts in India had held that the signatures of the sons had not been attached to the will as attesting witnesses within the meaning of that section.

The facts appear from the judgment of the Judicial Committee.

1927. July 15. De Gruyther K.C. and Dube for the appellant.

Dunne K.C. and Hyam for the respondent.

Oct. 18. The judgment of their Lordships was delivered by

MR. JUSTICE DUFF. This is a consolidated appeal from two decrees, both of November 25, 1924, of the Court of the Judicial Commissioner of Oudh at Lucknow, which were pronounced in an appeal from the Subordinate Judge of Partabgarh. The question raised by the appeal is whether certain legacies in a will of the late Drigbijai Singh, a taluqdar of Athgawan, in the District of Partabgarh,