পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/৩০৯

VYAVASTHA-DARPAN A. 姆莎《冲 Lackinaraen made a will, by which he left 5000 Rupees to each of his wives, and l titi. -upes, in ad lition to the 5000, to his second wife Bhufobuttee. In his will he re...itol h, pregnancy of his youngest wife Digumburee, and declared that her child (son or daughter ) shot!.. b the possessor of his wealth. He eonstituted Juggomohun Mullik his executor.—Juggom, but Mullik, sometime after his death, died, having made a will, and constituted Bostom Doss Mulli, his executor. In this state of things, it was assumed, und received as a matter of course, that Bustom Doss Mullik became the executor of Lukimaraen Tagore. I am particular in noticing this, because it may serve to show the extent to which the wills of Hindoos are recognised in the Supreme Court. Thirteen days after the death of Luckinaraen Tagore, his youngest wife Diguinburee was delivered of a son. This son died in seventeen days after his birth. If I wokinaraen had died intestate, his son must have succeeded to his property as Arir at ! tu, ; and Digimburee, his mother, surviving him, would incontestably have succeeded to the property as his heir. Luckinaraon, however, made a provision by his will, in ease of the death of the child with which his wife was enrein/c. In the event of its death, he directed that his was aw sho all a lot a son. If they could not all agree in the selection of a boy for adoption, he directed that one should be chosen by his first and second widows, Taramonce and Bhugohutter. If th: tirst and second widows could not agree in the selection, he then directed that a boy should be chosen by his second and third widows, Bhugobuttee and Digumburee. Digumbure”, the youngest willow, and mother of the child of Luckinaraen, filed her hill, affirming her right to the estate of her husband, in consequence of her having had a son by him, whose heir she stated herself to be by the Hindu law. (In this case, ) the will was established, and directions were given for the adoption of a Ron according to its provisions. The widows could not be brought to concur in the selection of a boy for adoption. A reference was then made to the master, who was directed to enquire and report to the Court concerning the fitness of a boy to be adopted as the son of Luckinaraen Tagore. The master reported in favor of Taracooomar Surmono, who had been nominated for adoption by the second widow, Sreemotee shugobuttre Dabee. This boy was the son of Bhugobuttee’s uncle, The Master's report was confirmed, and this furnished a matter for further contention. ~The boy Tarazoomar was to be adopted, but the question was, which of the three widows had a right ! , receive hitn in a i p' on. The law is clear, and was undisputed. The boy could not I, received by the three will no joi” He mast be received by one of them —and would then he considered as the son of L't "kin or 1 on and the widow by whom he had been received: – thout that there was not, because there could not be, any dispute. Hall it not been for the natural relation in which the child stood to Bhugohuttee, the second widow, the Court, considering the preference which had been given to her by her husband, in ght. probably have declared her the properest person to act as adopting mother But it was a family of Brahmins, and her claim was impugned upon the ground of relationship, it being urgiuthat she could not, without ineost, be the mother of her uncle's son. The argument was supposed to be conclusive, for she withdrew her pretensions. 97