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PETITIONER: THAKURAIN RAJ RANI AND OTHERS
Vs.
RESPONDENT: THAKUR DWARKA NATH SINGH AND OTHERS,
DATE OF JUDGMENT: 23/01/1953
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN
CITATION: 1953 AIR 205 1953 SCR 913
ACT: Will--Agreement by cousin of testator to make monthly payment to testator in consideration of giving him and his sons the remainder after life-estate to widow--Grant of letters of administration Question of animus testandi- Whether res-judicata-Payments, whether condition precedent or mere consideration -Death of cousin before widow-Effect of.
HEADNOTE: On the 7th January, 1904, G, a cousin of S, executed an agreement in favour of S, the material portion of which ran as follow&: "Whereas my cousin S has proposed to make a request of his taluka in favour of his wife and after her death in my favour and 118 914 that of my sons therefore by way of consideration for this concession and favour, I, the executant, out of my own free will do hereby execute this agreement in favour of my cousin aforesaid that in the month in which the said cousin may execute the said will in my favour and that of my sons and lays the same along with an application before the Deputy Commissioner, Sitapur district, for sanction of the Members of the Board of Revenue, I shall from the 1st date of the month ...