Lord Morton of Henryton -

This is an appeal from a judgment of the Supreme Court of Fiji dated 11th October 1946, on an originating summons in the matter of the estate of Nanhu deceased.

[2] Until his death, Nanhu carried on business as a merchant in partnership with his brother Jagannath under the style of Jagannath Nanhu and Co.

[3] Nanhu made his will on 21st August 1937, in the following terms:

"This is the last will and testament of me Nanhu son of Birma of Labasa on the Island of Vanualevu in Fiji. Merchant. I hereby Revoke all former Wills and other Testamentary writings by me heretofore made And I Declare this to be my last and only Will and Testament. I appoint my brother Jagannath Son of Birma Merchant who is also my partner to be my sole executor and trustee. I Give Devise and Bequeath unto my said trustee all real and personal property of whatsoever nature and wheresoever situate of or to which I may be entitled or over which I may have a disposing power at the time of my decease absolutely save only with the proviso that he shall, during her lifetime, allow my wife Ramdassi to live in the Dwelling house at Nasea where she and I now live and shall supply her out of my estat