The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday June 5 1905

As to the merits of the objection raised by the Advocate-General it was held that the gift enured to the benefit of the children of the daughter who were in existence at the testator's death those born later being considered " incapable " of taking owing to the rule in the Moore ease. [...] The District Judge had held that the gift was klot invalid and that the three nephews living and capable of taking at the testator's death took a vested remainder in the entire estate to the exclusion of the subsequently born nephew. [...] On the 16th of May after their Lordships had delivered judgment decreing the appeal the vakil for the Appellant informed the Court of the death of the Appellant and prayed that the judgment might be entered nunc pro tune. [...] It appears that several of the Defendants who were purchasers of various portions in the equity of rdemption objected to the sale of such specific portions of the mortgaged properties and claimed an enquiry for ascertainment in this suit of the respective liabilities of the several Defendants to the payment of the mortgage-debt. [...] Before this suit was brought negotiations for a compromise took place between her and the mortgagee upon the footing that the whole of the mortgaged property was to be transferred to the Plaintiffs free from incumbrancea except a small it)rtion of it which was to he left for her The Court of first instance came to the conclusion that the lady thoroughly knew that those were mortgages and thoroug