VYAVASTHA*..DARPANA. 595 have threatened to murder me, I have discarded them, and debar them from performing the ceremonies of burning my body and sras.dog.” He then gives to each of them 10,000 rupees, for their support and maintenance, and iqueaths to his youngest son, by his first wife, இri ۶ے۔ Mohan Batu, he being deaf and dumb, 20,000 rupees for his inaintenance.
- 3. 盛° సీ:
An action of ejectment was brought upon the soof Krishna Mohan, one of the disearded sona, for his share of Darpa. Na rayan’s (his father’s) estate. To this Barbus Gopi Mohan, Hari Mohan, Ladli Mohan, Mohani Mohan (the other sons of Darpa Nárayan Sarma) took defence, and upon proof cf Darpa Nasraoyan’s will being duly made, there was a verdict for the defendants. Cons. H. L. p. 849. Rasmkrishna Mallik had two sons,–namely, Boishtam Dars and Sonatan Das, and one nephew named Nilmani, who was elder than the sons. In the month of Böiáiz, Bengal year 1:200 or April 1793, (Nilmani then being sixteen or seventeen years of age.) Rám Krishna executed a paper in the nature of a will, by which he declared his nephew (Nilmani) and his sons entitled in equal shares (each one third) to the whole of the property, and that it was to be so enjoyed by the three upon the death of him (Ra"m Krishna.) To this paper the two sons of Rám Krishna and his nephew Nilmani signified their assent in writing." Sonatan Mallik, who left a widow and two daughters surviving him, made a will by which he left his property, which consisted of every description, to his brother. Nearly sixteen years after the death of Sonátan, the widow filed her bill, alleging her husband’s intestaey, and claiming his estate, but the will was established. Nilmani, about eighteen months before his death, adopted Rajendra as his son, but he continue i to live with Boistam Dass, aequiescing in the apportionment of the estate which had been made by Ram krishna, and also in the will of Sonatan; by which two dispositions, Boishtam Da’s became entitled to two-thirds, and Nilmani entitled to one-third of the family estates. The cause and cross cause, between Rajendra and Boistam Dass, after the finding of the issue, came on for further directions upon the 8th of February, 1824; when it was declared that Boistsm Da’s Mallik was entitled to two-thirds of the property, movable and immovable, in the pleadings mentioned. Cons. H. L. pp. 361, 862, 363, 366, & 369. It may be inferred from the part of this proceeding, which relates to Sonatan's share of the estate, that a liindu may by will dispose of his ancestral immovable, as well as movable property, and that he may do so to the prejudice of his wife and daughters, although they were unquestionably entitled, by the Hindu law, to the whole of his estate in preference to the person to whom it was given by will. - And further, that a II indu may by his will bind his adopted son to an agreement, into which he himself had entered, to receive one-third, instead of one half, of the joint family estate; although it consists of ancestral immovable as well as movable property. Sir Francis Macnaghten’s Considerations, p. 360. Raja Nabakrishna, although he had a begotten son Raja Rajkrishna, and an adopted son Gopi Mohan Deb, left by his will an ancestral ta-look to the sons of his brother; and in one
