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1940 Supreme(Mad) 44

Meherwan Jehangir – Appellant
Versus
Dhunbhai Kavasha Mistri – Respondent


JUDGMENT

1. These appeals both raise questions relating to the will of a Parsi gentleman by name Nanabhai Hirjee who died on 30th June, 1916. Appeal No. 199 of 1937 is preferred by the plaintiffs who represented the interest of Nanabhai Hirjees daughter, Meherbai Jehangir, the first plaintiff (who is now dead) being her husband; plaintiffs 2 to 7 are her children. They sued to recover a half share in a legacy given to Nanabais widow Bhikaijee and also to recover Meherbais share in specific properties which are items 9 to 12 in the will. We are no longer concerned with Bhikaijees legacy which has been validly dealt with by Bhikaijee herself in a will which excludes Meherbai. The claim in the appeal is therefore confined to the four items 9 to 12 in the will Ex. A. This will is a somewhat unusual document. Nanabhai was a merchant trading in Calicut. The will Ex. A. is dated 21st April, 1916. It enumerates firstly twelve items of property, items 1 to 6 being various movables connected with the trade, item 7 consisting of four Government promissory notes of the face value of Rs. 5,006, while item 8 is a site with the buildings thereon and their contents and the disputed items 9 to 12 ar
















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