AIR 1926 MADRAS 936 ::1926 (24) Mad LW 195 ::1926 (51) Mad LJ 182 ::1926 (97) Ind Cas 163

Madras High Court

Hon'ble Judge(s): Spencer, Ramesam , JJ

*Will - Construction - Bequest to grandson born within 10 years of the death of testator - In the absence of grandson bequest to granddaughters - Grandson born within ten years of testator's death - Bequest cannot take effect in favour of loth the grandson and grand daughter - Heir at law will take the estate. A Hindu of Madras made a Will and a subsequent codicil and died in 1897 leaving a widow and one son. The Will provided : "I give and bequeath the whole of the residuary estate to my grandson or grandsons who may be born or will be born to my son K within ten years after my death ; if there shall be no such grandson to be born as aforesaid the whole of my residuary estate is to be divided equally between my said granddaughters after the death of my said wife". There was a proviso that the distribution of the residuary estate among the grand-daughters should take place after the death of the testator's wife, daughters-in-law and son. A grandson was born in 1899, i. e., within 10 years of the testator's death. Held ; that the bequest in favour of the grandson being a bequest to a person not in existence at the death of the testator was invalid: 9 Beng. L. R. 377 (P. C), Foll, But as the grandson was in existence, bequest in favour of the granddaughter could not take effect under S. 117 of the Indian Succession Act, Hindu Wills Act applying ....