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R. N. SHARMA, M. C. DESAI
Rajeshwari Misra – Appellant
Versus
Markandeshwar Mahadeo Trust – Respondent
DESAI, C.J. : This is an appeal from the decision given by the District Judge, Lucknow on an issue in a suit for grant of letters of administration to the estate of one Ram Rakhan. Ram Rakhan died on 5-11-1955 at Lucknow leaving a daughter Smt. Rajeshwari appellant No. 1, three grandsons named Ramesh, Pramod Ravendra (sons of Rajeshwari) and Sheo Rani Devi widow of the predeceased brother Balak Ram, it is said that he and Balak Ram had executed a will on 12/15-5-1945 bequeathing the property left by the survivor of the two to Markardeshwar Mahadeo Trust, which had been created by them on 6-1-1942 in respect of some of their properties. On the death of Ram Rakhan the Trust made an application under Section 278 of the Indian Succession Act in the Court of the District Judge, Lucknow for the grant of letters of administration to the estate of the deceased. The property left by the deceased included money deposited by him in the Allahabad Bank on different occasions. The relations of the deceased mentioned above were made parties to the application. Out of them appellant No. 1 Rajeshwari filed an objection against the application denying the execution, the attestation and the
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