JUDGMENT

Harries, J. - This is a suit brought by the Administrator General of the United Provinces for a grant of Letters of Administration de bonis non to the estate of James William Twalling deceased with a copy of the will annexed. The opposite party denies the right of the Petitioner to obtain such a grant alleging that the estate of James William Twalling deceased has been completely administered.

2. The material facts of the case and all the relevant documents have been admitted on the pleadings or by counsel for both parties before me during the hearing and that being so it was unnecessary to call any evidence on behalf of either of the parties. The issue involved in this case is a purely legal one, viz., the true construction to be given to a devise or bequest of certain real or immoveable property contained in the will of James William Twalling deceased.

3. James William Twalling a Government Pensioner residing in the Cantonments at Meerut died on the 4th September, 1893, leaving a will dated the 17th October, 1887. He left surviving him his widow Mrs. Eliza Rebecca Twalling and three daughters, viz., Miss Grace Edith Twalling, Mrs. Walker and Mrs. Fink. The latter appears to have greatly displeased the testator during his life time and she is expressly deprived in the will of any share in the property left by the testator.

4. By the terms of this will the testator revoked all previous wills and appointed his widow sole executrix thereof. After a direction to the executrix to pay all just debts, funeral and testamentary expenses the testator proceeds to dispose of his property dealing separately with his personal and real property.

5. The bequests of his personal or moveable property read as follows:

I give devise and bequeath all my personal property which I have acquired or may acquire by purchase or otherwise at any time before my decease such as jewellery, silver plate, household furniture, fittings up carriages and horses and all and every sum or sums of money which may be in my house or due to me at the time of my decease as also all stock, funds, Government Promissory Notes, commonly called Company's paper and other securities unto my beloved wife Eliza Rebecca Twalling who shall enjoy the income, dividends, interest and profits thereof during her life time only and after her decease shall pay and apply the same income dividends interests and profits towards the maintenance and support of such of my daughters as shall from time to time be sole and unmarried and after the marriage or decease of my last unmarried daughter shall divide my said personal; property in equal shares among such of my daughters as shall then be living except my daughter Alice Eliza Fink whom I exclude altogether from this will as her conduct has been most disgraceful.

6. With regard to his real or immoveable property he makes the following provisions:

I also give devise and bequeath to my said beloved wife Eliza Rebecca Twalling all that messuage tenement or dwelling house with out offices, wells, rights of way and appurtenances purchased by me from the estate of the late George Beau of Saharanpur and being situate in Hill or Barrack Street No. 123 in the Cantonment of Meerut and butted and bounded as described in the deed of sale dated the 16th of December, 1878 as also every other real property whether in reversion remainder or expectancy. Should may said beloved wife Eliza Rebecca Twalling at any time wish to sell or dispose of the said house she is hereby authorised to do so at a reasonable price and without detriment or loss to the estate and to invest the whole of the sale proceeds of the said house in Government Promissory Notes commonly called Company's paper and the interest thereof shall be enjoyed by my said beloved wife Eliza Rebecca Twalling during her life time only and after her decease the same interest shall bo paid and applied towards the maintenance and support of such of my daughters as shall from time to time be sole and unm