Indian Kanoon - Search engine for Indian Law

Exhibit 5 is a deed of a similar nature and contains the same provision.

18. As in England the law in this country is that where a trustee is the sole or surviving trustee the estate descends to his personal representative unless the deed of foundation otherwise provides. Therefore all the trusts of which the testator was the trustee devolved upon his personal representatives. The executors say that they are his personal representatives by reason of S, 211, Indian Succession Act, 1925, and this is true, but this does not mean that they are entitled in law to retain possession of the trust properties. These properties devolve on the testator's heirs, who are here his widows and the duty of the executors, had receivers not been appointed, would have been to deliver them to the widows. The testator had no power to direct that the executors should remain in possession until such time as his directions with regard to adoption were fulfilled. In Varada Narayana Iyengar v. Vengu Ammal See(38) 47 M.L.W. 217 this Court held that a widow could not be compelled to follow her husband's wishes in the matter of adopting a son, however strong the directions of her husband might have been and the could not be deprived of her widow's interest in his property because she might at some ... later stage decide to follow his directions. In this case there has been no adoption and for the time being the testator's directions in that respect must be ignored, even if they are all valid as to which we express no opinion.