JUDGMENT

Sir Richard Couch, Kt. C.J.

1. The suit is brought by Tarrucknath Sirkar who claims the whole of the property, and he asked that it might be declared that, under and by virtue of the will of Hurronundo Sirkar, Luckymoney Dossee had no power to devise the property included therein. Macpherson, J., made a decree in the plaintiff's favor, holding that the will of Hurronundo Sirkar must be read at merely making over the property to the wife to be held by her in trust for the infant heirs. He says in his judgment "there is no doubt that the question which has been raised is one of great importance to Hindus, as bearing upon the question of the principles upon which the Courts ought to act in construing wills made by Hindus." I quite agree to this; but it appears to me that the principles upon which the Courts ought to act have been authoritatively determined, and in the present case we have only to apply them. In Sreemutty Soorjeemoney Dossee vs. Denobundoo Mullick , the Judicial Committee say:---"The Hindu law, no less than the English law, points to the intention as the element by which we are to be guided in determining the effect of a testamentary disposition; nor, so far as