Ajudhia Buksh and Another vs Mussamut Rukmin Kuar and Gujadhar Buksh

Barnes Peacock, J. 1. Their Lordships are of opinion that, upon the principle laid down by Lord Justice Ttvrner in the case of Lainson v. Lainson 5 De G.M. & G. 754, to which they have been referred by Mr. Coivell, even if the widow was not a person who would have succeeded to any interest in the estate if the Rajah 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 cost of the appeal.