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1945 Supreme(SC) 11

Judah – Appellant
Versus
Isolyne Shrojbashini Bose and another – Respondent


Advocates Appeared:
Wilkins, Rose , Michelmore, Ford, T.L. Wilson and Co., K. Diplock, C.S. Rewcastle , W. Wallach

Lord Goddard.-

The proceedings out of which this consolidated appeal arises concern the testamentary dispositions of Mrs. Manmohini Mitter, a widow formerly living at Lucknow. She died on 7th April 1934, leaving three daughters her surviving, the appellant who was the youngest, respondent 1 who was the second daughter and respondent 2 the eldest. When their mother died each daughter produced a will which she claimed was the last true will of the deceased. Each daughter petitioned the Court of the Civil Judge at Luoknow for letters of administration with the respective wills produced by them annexed, and the three petitions were consolidated and tried as one suit. The will propounded by the appellant is dated 12th April 1930; that propounded by respondent 1 is dated 8th September 1930 and the third will is dated 4th November 1933. During the hearing of the case the two respondents came to terms; they each admitted the validity of the will propounded by the other. They agreed that letters of administration should be granted to respondent 2 with the will propounded by her annexed, but that if the Court refused to admit that will then the will propounded by respondent 1 was to be admitt



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