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1910 Supreme(Cal) 197

TEUNON, MOOKERJEE
Kandarpa Nath Ghose – Appellant
Versus
Jogendra Nath Bose – Respondent


JUDGMENT

1. The suit, out of which the present appeal arises, was commenced by the plaintiffs-appellants for recovery of possession of property, which admittedly formed part of the estate of one Jadu Nath Ghose who died on the 13th January 1889. Some time before his death on the 14th September 1886, Jadu Nath had made a testamentary disposition of his properties, the true effect of which is the subject of controversy in this litigation. The testator died leaving a widow Doorga Tarini, his mother Khether Moni and the plaintiffs, who were the grandsons of his elder brother, as his reversionary heirs. On the 30th September. 1889, the widow applied for probate of the Will, but before the probate had been granted, on the 14th September, she joined her mother-in-law in transferring the disputed property, to the first defendant, who was the principal officer of her brother. Probate was granted to heron the 19th December 1889. The mother of the testator died on the 1.9th August 1899. On the 12th May 1903, the first defendant sold the property to his sister-in-law, the fourth defendant. The widow died on the 18th August 1903. On the 18th June 1906, the plaintiffs commenced the present action

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