Privy Council

Adjudhia Baksh and Another vs Rakhman Kuar and others

Privy Council · Decided on 17 November 1883 · Citation: (1884) 10 ILRPC 482

HON’BLE JUDGES
Fitzgerald, B. Peacock, R. P. Collier, R. Couch, A. Hobhouse, JJ.
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Judgment

1 paragraphs · 154 words

B. Peacock, J. 1. Their Lordships are of opinion that, upon the principle laid down by Lord Justice Turner in the case of Lainson v. Lainson 5 De Gex M. & G. 754; and 18 Beav. 1 to which they have been referred by Mr. Cowell, even if the widow was not a person who would have succeeded to any interest in the estate if the Raja had died intestate, the son''s estate was accelerated. That being so, without expressing any dissent, from the opinion expressed by the learned Judges of the Court below, their Lordships are of opinion that, upon the legal construction of the will, the plaintiff has no valid claim to any interest in the estate. 2. Their Lordships will, therefore, humbly advise Her Majesty that the appeal should be dismissed, and the decision of the Judges of the lower Court affirmed. The appellant must pay the costs of the appeal.