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1938 Supreme(Cal) 95

COSTELLO, BISWAS
Jnanada Govinda Choudhury – Appellant
Versus
Birendra Nath Goswami – Respondent


JUDGMENT

Biswas, J. - This is an appeal from a decision of the District Judge of Rajshahi granting letters of administration with copy of the will annexed. The substantial question in the appeal is whether the will is genuine or not. The will was propounded more than 33 years after the death of the testator. The testator was one Mayananda Goswami who died in or about the month of February 1903, and the will is said to have been executed five months before his death, namely on the 5th September 1902. He left two widows, Shama Sundari and Khemankari, and three sons, one by the first wife, named Bipin, and the other two by his second wife, named Sures and Murari, who were both minors at the time. He also left two unmarried daughters. The will makes no provision for the marriage of these daughters and the whole object of it appears to be to ensure the due perform, ance of the sheba of the family deity Sri Sri Iswar Lalji Deva Thakur and certain religious festivals. It recites that the properties of the testator shall remain in charge of his eldest son, and he is enjoined to perform the debsheba and the other religious services out of the income as also to maintain the minor sons, unmarr

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