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Showing contexts for: Vested remainder in Pearey Lal vs Rameshwar Das on 10 December, 1962Matching Fragments
The circumstances under which the will was executed by the testator may be gathered from the will itself. The testator had a wife and an adoptcd son. He had no other near relations to be provided for. The only objects of his attachment and love were his wife and the minor adopted boy. He was anxious to provide for both of them. His object could be achieved in three ways, namely, (i) by conferring a life estate in his property on his wife and giving a vested remainder in the same to his adpoted son; (ii) by making a joint bequest to both of them; and (iii) by making a bequest of an absolute interest to his wife with a gift over to his son operating by way of defeasance. Learned counsel for the appellant relies upon the following passage in the will : "The said Mst. Kishen Dei should live in this house and said Nathi Mal will get all the proprietary rights just like the testator, in support Of the contention that in this senterce the testator made a clear distinction between the nature of the estate given to the wife and that given to the son. He contends that the direction that Mst. Kishen Dei should only live in the house indicates that her interest was only a life interest in the house whereas the direction that Nathi Mal should be in the place of the testator indicates that he had absolute rights which the father had. If this sentence is disannexed from the rest of the document, it may lend some colour to the said argument; but in the context of the other recitals in the document, it fits in the scheme of bequest clearely expressed by the testator. The testator described his interest in the property thus :