Lord Phillimore. -

One Sarfraz Ahmad, taluqdar of Oudh, was possessed of the Talukas of Khanpur and Sikandarpur and Bhilwal with Hasanpur. His name was in List 2, Oudh Estates Act, 1869, in respect of Bhilwal and Khanpur and in List 5 in respect of Sikandarpur. He died in 1870, having made a will which, however, was not executed or registered sufficiently long before his death to be protected by the exception in S. 13 of the Act, and which would, therefore, be only operative in respect of legacies to persons qualified by the earlier paragraphs of the same section. He left surviving him a brother, Murtaza Husain, a widow Becham-un-nisa, and a daughter Zainad-un-nisa who married, and had a young son who was alive at the time of the testator's death. He purported to deal with the talukdari estates in the following terms :

The Taluqa Hasanpur and Bhilwal in Pargana Haidergarh and the Taluqa Khanpur in Pargana Subeha, which are ancestral and hereditary, and the Taluqa Sikandarpur in Pargans Simrautha, granted by the Government, are in my proprietary possession and occupation without the coparcenership of anyone ; and under the sanad granted by the Government, I have every power to mortgage, sell, gift and transfer (the same). Therefore, after me, the settlement be made, in the first place, with my wife, Mt. Bibi Bechun, after her, with my daughter, Mt. Zainab-un-nisa , and after her, with her issue, whether male of female, and my brother Murtaza Husain in respect of each taluqa, as it is recorded, according to the detail given herein (and they) be considered owners and successors in my place.

Then follow certain special directions concerning the properties, of which the material protions are as follows :

Taluqa Bhilwal, Hasanpur etc. - This Ilaqa was acquired by my father-in-law, Chaudhri Lutf-ul-lah, without any co-parcener. After me, the owner thereof will be my wife Mt. Bibi Bechun. The settlement and the lambar thereof should stand in her name. After her, Mt. Bibi Zainab-un-nisa, her only daughter, will be the owner and successor, and after her issue, whether male or female. The male issue should be the lambardar and reprssentative and the daughters be entitled to maintenance.

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Taluqa Sikandarpur, granted by the Government. - Settlement he made in respect of half with my wife and her issue and in respect of half with my brother, Murtaza Husain. Rs. 500 be allowed every year to my sister, Mt. Bibi Sughra.

Taluqa Khaupur. - After me, the lambar should stand in the name of my wife and my brother-Murtaza Husain. Villages Sharifabad and Alapur, with the villages appurtenant thereto, should remain in the possession and occupation of my wife, and, after her, in that of her issue, male or female. They should pay the revenue assessed by the Government, and they should live upon the profits thereof.

It should be better that whatever ilaqa remains of that half, the management thereof should remain with Murtaza Husain, and the expenses relating to the door and the payment of parole debts should rest with him. - the rendition of accounts to be made yearly. When the grandson Nawasa Mohommad Rafi-uz-zaman, attains the age of discretion, he may take the management in his own hands. During the lifetime of Murtaza Husain this would be a better (arrangment). The rest lies with the heirs.

Upon his death a dispute arose between the brother and the widow. Each claimed to have his or her name put on the register, and mutation proceedings were begun accordingly.

It should be stated that besides the question of the validity of the bequests there were further disputes as to whether each of the legatees should be entered on the register in respect of his or her share, or whether the brother should be entered in respect of the whole, and also as to the force and effect of a clause in the will purposing to restrain alienation.

When serious litigation seemed imminent the parties wore persuaded by a Government officer to submit their disputes to