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 July 19 1920

rfie facts were that the Plaintiffs had in HIti sold a machine to a munition manufaeturey at a 1938 under the (inlets of the ministry of munition and at that time informed the linistry that they should like to have the machine back after the wart and if not returned they “ reserved the light to claim ” the difference filet ween the selling price and the cost of newaichinery. [...] D. 53 56 in the Divisional Court the decision proceeded very lunch upon the doctrine of relation back as applied to the assent of an executor to a legacy and the Court scent to have held that the executors haying assented to the bequest of the residue by the payment of it in December 1916 that assent related hack to thelate of testator's death. [...] In the case" of a specified bequest at the time of the death of the testator there does exist the thing which he bequeaths. [...] there is something Ahich had an existence at the date of the death and which the testator intended the legatee to receive in that fetrri3O'n the.other Mind in the ease of residue to is generally speaking something which was not then in existence and which the testator did not intend the legatee to receive in' any form in which he possessed it at that partcular time. [...] l;;ilbsequently the second item of property was included with the kn'owledge and consent of the mortgagor and in the presence of the attesting witnesses.