Brij Lal vs Suraj Bikram Singh on 1 May, 1912

JUDGMENT

Macnaghten, J.

1. This is a very simple case. The only question is whether the daughter took an absolute estate or an estate for life ?

2. In the first place, there is no estate at all given to the lady, in terms. The only direction is that she is to remain in possession and occupation of the property, and then she is invested with the power of appointing an heir either in her lifetime or by will. It seems to their Lordships that the word “heir” in that clause means heir to the testator and that the judgment of the Judicial Commissioners is perfectly right.

3. Their Lordships will, therefore, humbly advise His Majesty that the appeal ought to be dismissed, and with costs.