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1934 Supreme(Cal) 286

LORD WILLIAMS, COSTELLO
Dinonath – Appellant
Versus
Hansraj Gupta – Respondent


JUDGMENT

Lord Williams, J. - The validity or otherwise of a clause in a will is the only question for decision in this appeal.

2. Raghumull Khandelwal died on 5th September 1926, leaving a will dated 4th September 1926, and considerable property. Clause 1 of the will is as follows:

I direct that all my debts be paid out of my estate in the first instance including the charities and subscriptions promised.

3. The will was type--written, but the words " including the charities and subscriptions promised " were written in ink, and initialled in the margin, apparently at the last moment, but before execution. By Clause 14 thereof the testator bequeathed property of considerable value to trustees, for the purposes of education, hospital, orphanage, social service, widows and other religious and/or charitable purposes," to be applied as the trustees should think fit.

4. The executors issued advertisements to ascertain the names and the validity of the claims of parties to whom charities and subscriptions had been promised by the testator. Twenty--two claims, amounting in all to over six lacs of rupees, were made, mostly without any documentary proof. Of these alleged promises, no date was for

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