The Calcutta Weekly Notes Monday March 25 1907

Lands were conveyed in trust for the payment of a certain sum per mensem to a man and his wife during their joint lives and to the survivor for life and after the death of the survivor to two grand-daughters in equal shares for life; in the event of the death of either of these to her male issue and the surviving grand-daughter for life ; after the death of the pancrdaughter the properties were t [...] Notwitstanding that the gift was to a class and that it was possible that som6 members of the class might come into existence after the death of the donor the gift can be upheld under the Hindu law on the ground that the Defendants were living members of the class at the late of the gift. [...] If the interest did not vest till all the children of the grand-children came of age and if children were born after the death of the settler the vesting would be postponed until the expiration of a longer period than lives in being and the minority of a person in existence when the lives in being come to an end. [...] The purchase prior to the passing of the Transfer of Property Act of a mortgagor's right of redemption by the mortgagee at a Court-sale brought about by the latter in respect of a claim independent of the itortgage passed to the purchaser the whole interest as effectually against the sons of the judgment-debtor as against the judgment himself. [...] 67 and the decree to be made in his suit should not merely be for the sale of the equity of redemption but should be for the sale of the property free from the mortgage claim of the Plaintiff and the sale proceeds should be applied in the first instance to the discharge of the mortgages on the property in the order of their priority and the surplus if any towards the satisfaction of the Plaint