RAMACHANDRA SHENOY AND ANOTHER. versus MRS. HILDA BRITE AND OTHERS

RAMACHANDRA SHENOY AND ANOTHER. versus MRS. HILDA BRITE AND OTHERS

Clause 3(c) was reasonably construed to give Severina only a life interest, with the absolute remainder vested in her male children; the phrase 'after her lifetime' and the context showed successive interests and the court should adopt a construction that gives effect to every testamentary disposition where legally...

Source-derived case information.

Parties
Appellant: Ramachandra Shenoy and Another; Respondent: Mrs. Hilda Brite; Respondent: Respondents Nos. 8-14
Jurisdiction
India
Judgment Date
01 April 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated August 25, 1959 of the Madras High Court in S.c. No. 2371 of 1950
Outcome
Appeal dismissed
Legal Topics
Construction of Wills, Life Estate, Remainder, Indian Succession Act 1865
Wills and Succession Interpretation of Wills Construction of Wills Life Estate Remainder Indian Succession Act 1865

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ramachandra Shenoy and Another

Appellant

Mrs. Hilda Brite

Respondent

Respondents Nos. 8-14

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated August 25, 1959 of the Madras High Court in S.c. No. 2371 of 1950

Legal Issues

  1. 1 Whether clause 3(c) of the will conferred an absolute interest on the testatrix's eldest daughter Severina or only a life interest
  2. 2 Whether the words 'after her lifetime' indicate a life interest with an absolute remainder to her male children
  3. 3 Whether the words 'shall enjoy permanently and with absolute right' qualify the daughter's interest or only the interest of her male children

Ratio Decidendi

Clause 3(c) was reasonably construed to give Severina only a life interest, with the absolute remainder vested in her male children; the phrase 'after her lifetime' and the context showed successive interests and the court should adopt a construction that gives effect to every testamentary disposition where legally possible.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.