JUDGMENT

Sir Barnes Peacock Kt., C.J. - This is a suit brought by Ganendra Mohan Tagore, the only son of the late Prasanna Kumar Tagore, a Hindu, against Upendra Mohan Tagore, Jatindra Mohan Tagore, and Durga Prasad Mookerjee, who were appointed executors and trustees under the will of the said Prasanna Kumar Tagore, dated the 10th day of October 1862, and also against Surendra Mohan Tagore and others, who were devisees under the said will. The suit is brought to obtain certain declarations of right and relief to which I shall have to advert more particularly. The above-named Jatindra Mohan Tagore was also a devisee under the said will, and it was objected that he ought to have been sued in his character of devisee as well as in his character of one of the executors and trustees. I am of opinion, however, that there is nothing in that objection, for he is a party to the suit, and as such can defend his rights as devisee as well as those in his character of executor and trustee. It should be remarked that the first three defendants were not sued as executors and trustees, and that the words executors and trustees were used merely by way of description. Furthermore, in paragraph 7 of