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 April 24 1899

clxxvii for certain purposes the principle of law that when the bequests of the Will are not sufficient to exhaust the whole of the estate vested in the executors they become express trustees of the undisposed of residue for the next of kin did not apply and the trustees under the Will in this case did not become express trustees for the heirs of the testator ; That the devise in this case bein [...] That as to the properties left by the testator the Plaintiff's claim must be confined to the immoveable properties left by the testator and to such portion of the moveable property left by him and of the rents and profits of his immoveable property as was unexpended at the death of the said Nenavahoo in 1888. [...] That the Plaintiff could claim in the said suit only the immoveable properties of the testator existing -in the hands of the executors at the death of the said Nenavahoo his claim to the moveable properties of the said testator and to the rents and profits of the immoveable properties in the hands of the execut& down to and at the death of the said Neuavahoo being barred by limitation. [...] The lower Appellate Court also held that the rule of six years limitation applied to the case and that the excavation of the tank having taken place within six years of the date of the suit the Plaintiff's claim was not out of time. [...] The lower Courts held that the Plaintiffs had aquired under the provisions of the 26th section of the Limitation Act a right of way over the land of the Defendant by an uninterrupted enjoyment of the way as of right for a period of 20 years.