JUDGMENT

Pratt, J. - This appeal arises in a suit for the recovery of property with mesne profits. The facts are admitted and the case depends upon the construction of the will of Sarbeswar Mustafi, dated the 3rd November, 1863. He died on the 13th November, 1863, leaving a widow (Taramoni), a brother (Radhajiban), and a deceased brother's son (Lakshmi Das). At the time of Sarbeswar's death, Lakshmi had three sons--Gurudas, Purna, and Umesh,--who are the defendants in this suit. Subsequently, i.e., in November, 1865, Lakshmi married a second wife, by whom he had three sons--Sarat, Hem, and Manmatha--the last of whom died in December, 1887. Lakshmi Das died in May, 1887, and Taramoni in January, 1892. The plaintiffs are Sarat, Hem, and their mother as heiress of Manmatha, while the three sons of Lakshmi by his first wife are the defendants.

2. It appears that Taramoni executed a deed of gift of the property in favour of Guru, Puma, and Umesh, and it is admitted that the deed is void at her death. The Will first bequeaths Sarbeswar's entire estate to his widow for as long as she shall live (jabat jiban). Then she is given power to adopt one after another any son of Lakshmi Das, but no