JUDGMENT

1. Kabiraj Haran Chandra Chakravarty (hereinafter called the Kabiraj), a leading medical practitioner, died in Calcutta on the 29th May, 1935, at the ripe old age of eighty-six years. He started practice as a Kabiraj in the District of Rajshahi, but in the last part of his life set up practice in Calcutta, where he came in 1924. He had married twice. By his first wife he had a son, named Suresh and by his second wife he had five sons, Ramesh, Jagadish (nicknamed Pacha), Gobinda, Narayan (nicknamed Bhola) and Sachindra (nick-named Kata) and two daughters Basanta Kumari and Hem Nalini (nick-named Natai). Both his wives predeceased him but his sons and daughters survived him. The eldest son of Suresh is named Upendra, whose nickname is Bahadur. On the 23rd October, 1931, he is said to have executed a Will at Rajshahi. That Will was registered at Calcutta on the 26th April, 1932. By the said Will his son Jagadish, his grandson Upendra and a friend of his Durga Kanta Mazumdar were appointed executors. The Will provided for a legacy of Rs. 1,500 to each of his daughters, an allowance of Rs. 5 per month on certain contingencies to his brother's widow, Kiran Bala Debi, and Rs. 4,000 for the marriage expenses of each of the three daughters of Ramesh. A provision was made for the worship of his ancestral deity Lakshmi Janardan Jews. The Will recited that the testator had a mind to execute a deed of dedication (Arpannama) in favour of a deity Anandamoyee, which he himself had consecrated, but in case he died before executing the Arpannama, some immovable properties which he had purchased in the name of the said deity and other items of immovable property which he mentioned in the schedule attached to the Will were to be considered as debutter property of the said idol and his four sons Suresh, Jagadish. Narayan and Sachindra were to be shebaits. After providing for specific legacies for his sons, Jagadish, Narayan and Sachindra he made four of his sons, Suresh, Jagadish, Narayan and Sachindra residuary legatees in equal shares. Nothing was given to his sons Ramesh and Gobinda.

2. On the 25th May, 1933, he executed an Arpannama dedicating one item of zemindary property to the idol Anandamoyee. (Exhibit 61). In that Arpannama he made a statement that he had already made a gift to the idol of the sum of Rs. 1,50,000 which he had lent to Kumar Naresh Narayan Roy of Putia, and a further sum of Rs. 25,000 which he had lent to Jnanada Prasanna Bhadury and others of Porjana and that with another sum of money which he had given to the said deity he had purchased in the deity's name a zemindary which formerly belonged to Bhupendra Chandra Mani. Four days later, that is. the 29th March, 1933, he executed another deed (Exhibit 74) by which he declared that he was a trustee for that deity for the said sums of Rs. 1,50,000 and Rs. 25,000 lent to Kumar Naresh Narayan Roy and Jnanada Prasanna Bhadury and others, respectively. By the Arpannama he nominated three of his sons, Suresh, Jagadish and Narayan to be shebaits after him. Shortly before his death, on the 2nd January, 1935, he executed a trust deed (Exhibit 62) by which he transferred a zemindary in the District of Nadia to himself and four other persons as trustees for the purpose of establishing and maintaining an Ayurvedic College, a charitable dispensary and a hospital in Rampur Boalia in the District of Rajshahi. Only one of his sons, namely, Jagadish was made a co-trustee.

3. The assets of the Kabiraj at the time of his death consisted of house property in Rajshahi, zemindary property, a large amount of cash deposited in several Banks and monies lent out on promissory notes and mortgages. Three of the promissory notes which were originally in his name were shortly before his death assigned by him to, and then renewed later on in the names of different members of his family, namely one for Rs. 30,000 in the name of his daughter-in-law Ushamoyee, the wife of Jagadish, another for Rs. 30,0