AIR 1950 PRIVY COUNCIL 37

Privy Council

(FROM AIR (32) 1945 MAD. 217)

Hon'ble Judge(s): Lord Greene, Lord Oaksey, Sir John Beaumont , JJJ

Will-Construction-All trusts declared by the will, held, failed: AIR (32) 1945 Mad. 217, REVERSED. Held, on construing the provisions of a will, that the testator contemplated that he would be buried as Sanyasi in a Samadhi Matam and that the directions for dharmams in the later clauses of the will were all part of the testator's scheme for keeping alive his memory and did not disclose any independent charitable intent and that as the testator never became a Yatra Sanyasi and was not buried in a Samadhi Matam it became impossible to give effect to the scheme of the will and all the trusts declared by the will failed : AIR (32) 1945 Mad. 217, REVERSED.(Para 9)