The English Reports, Vol. 19: Privy Council Viii, Containing Moore, Indian Appeals, Volumes 6 To 10 (Classic Reprint)
Excerpt from The English Reports, Vol. 19: Privy Council VIII, Containing Moore, Indian Appeals, Volumes 6 to 10 A deed of arrangement and release in the English form, between members of a Hindoo family in respect of certain joint estate, claimed by a childless Hindoo widow of one of the co-heirs, in her character of heiress and legal personal representative of her deceased husband, declared that ...
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itled to the sum therein expressed, as the share of her deceased husband, for her sole absolute use and benefit.Held (reversing the decree of the Supreme Court at Calcutta, that those words were not to receive the same interpretation as a Court of Equity in England would put upon them, as creating a separate estate in the widow; but that the deed must be-construed with reference to the situation of the parties and the rights of the widow by the Hindoo law, and that, as the deed recited that she claimed and received the money as her husband's share in the joint estate in her character as his heiress and legal personal representative, such words must be construed to mean, that it was to be held by her in severalty from the joint estate; and as a Hindoo widow she had only a life estate in the corpus, the same at her death devolved as assets of her deceased husband upon his personal representative in succession.In reversing such decree, the Judicial Committee directed that interest, at the usual rate allowed by the Supreme Court, should be allowed from the death of the widow.Appellant's costs in the Court below allowed, and suit referred back to the Master of the Supreme Court to tax the same.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.