TMI Blog1903 (5) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ebi having taken out probate of the will and being the executrix appointed under the will was the only person legally entitled to sue. A third point was taken that by an agreement made by Gauri Debi with the defendant on 29th Falgoon, 1253 Maghi, whereby it was agreed that she should purchase certain landed property belonging to defendant for ₹ 40,000, and that the money due on mortgage bond in suit and certain other moneys should be accepted as earnest money for the purchase, the right to sue on the mortgage bond had been extinguished. Both lower Courts held that the document which contained the alleged agreement, not being registered, was inadmissible in evidence, and the first Court went so for as to hold that it was not genuine. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It has also been contended that the Court of Wards had no power to proceed under the provisions of Sections 6, 27 and 35 of the Court of Wards Act to take over the estate as the property of the minor. 8. We have heard the learned vakil at great length in support of his contentions, but we are unable to accept them as valid. No doubt, after Gauri Debi had taken out probate of the will the estate of the deceased would under the law vest in her as executrix for the purpose of carrying out her duties as such, and those duties would be generally to collect the debts due to the estate to pay the debts due from the estate, to pay off legacies and other bequests, etc., and then to make over the property to the residuary legatee It would be no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have regard not merely to the words used but to the evident intention of the testator. 9. It has been suggested that she could not as executrix make over the property to herself as manager of the infant without an administration suit or without the will being revoked. We cannot accept this contention as correct. It is opposed to the ordinary practice and there is no authority to support it. 10. We hold, therefore, that Gauri Debi had ceased to manage the property as executrix of the will of the deceased Shib Nath Tewari, and that she was managing it as manager of the infant Ramratan Tewari before she applied to the Court of Wards to take over the estate. We accordingly hold that the Court of Wards had full authority to act under the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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