HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0598 and id is 1 raw text is: N. AMIN-OOD-DOWLAH V. S. R. ALI KHAN [1851] V MOORE IND. APP., 200
the purchase money of the said premises, or any part thereof; and also consenting
and undertaking to abide by any order which the Judicial Committee may think
fit to make, touching the matter in dispute, and the costs of the proceeding.
[Mews' Dig. tit. COLONY; III. APPEALS TO PRIVY COUNCIL; 5. Principles on whic
Privy Council acts. S.C. 8 Moo. P.C. 90. See Dhurm das Pandey v. Mussumot
Shana Soondri Dibiah, 1843, 3 Moo. Ind. App. 239. For subsequent proceed-
ings see 6 Moo. Ind. App. 27.]
NAWAB AMIN-OOD-DOWLAH and Others,-Appellants; SYUD ROSHUN ALI
KHAN and FATIMA BEGUM,-Respondents * [June 21, 1851].
On Appeal from the Sudder Dewanny Court at Allahabad, Bengal.
A nuncupative Will by a Mahomedan of the Shias sect, bequeathing property,
.less in amount than one-third of his estate, held valid by the Mahomedan
law, and effect given to the bequests.
Semble.-Such verbal bequests would have been valid, even if beyond a third of
the testator's estate, provided the heirs concurred in the bequests.
In this case, the only question between the parties was the validity of a nuncupa-
tive Will of the late Nawab Moatumud-ood-Dowlah, declared by him on the 2nd of
May, 1832, whereby he gave and bequeathed, [200] among other bequests, a monthly
allowance of Rs. 300 to each of the Respondents, Syud Roshun Ali Khan and Syud
Shah Newaz Khan, since deceased, and now represented by the Respondent, Fatima
Begum.
The parties were Mahomedans of the Shias sect. The bequests made by the
Testator in favour of the Respondents and others, amounted to less than one-third
of his estate. The Appellant, Nawab Amin-ood-Dowlah, was the son, and the Re-
spondents, relations and dependants, of the Testator.
The deceased formerly held the office of prime minister to the King of Oude.
He left the service of the King of Oude, and settled in Cawnpore, in the presidency
of Bengal, whither he was accompanied by the Respondents and other members of
his family. By an agreement entered into between the King of Oude and the
British Government, on the 17th of August, 1825, the sum of Rs. 20,000 per mensem
was secured in perpetuity to the deceased as a pension for the main-
tenance of himself and family. This agreement, so far as it related
to the above pension, was in these terms: This allowance is to be
paid in perpetuity to the Nawab and his heirs. It will be paid in
perpetuity after his demise, agreeably to his Will, to his sons, daughters, and
wives, and other dependants. If it happens that he makes no Will, in that case the
allowance is to be given to his lawful heirs, according to the laws of inheritance, in
conformity to the tenets of the Shias. The Nawab allowed to the Respondents out
of tho above grant the sum of Rs. 300 monthly, each; to his sister (the Respondent)
Fatima Begum, the monthly allowance of Rs. 300; and to his other [201] sister,
Noor-oon-Nissa Begum, the monthly sum of Rs. 200, and these allowances were
continued to be paid by him up to the time of his decease.
Previous to his death, the Nawab declared his Will in the presence of several
persons; and he appointed the Appellant his executor, and directed that the above
allowance of Rs. 300 to each of the Respondents, and the allowance of Rs. 300 and
Rs. 200 to each of his sisters, should be continued to be paid to them from the pension
secured to him by the agreement of the British Government.
Shortly after the death of the Nawab, Shah Newaz Khan and Roshun Ali Khan
applied to the Appellant for payment of their allowances, to which application he
replied by letter, dated the 25th of September, 1832, as follows: Your esteemed
Present: Members of the Judicial Committee,-The Chief Justice of the
Common Pleas (Sir John Jervis), the Right Hon. Dr. Lushington, the Right Hon.
T. Pemberton Leigh, and the Right Hon. Sir Edward Ryan.](ViewImageLocal?handle=hein.slavery/ssactsengr0598&div=1&collection=&method=preview&ext=.png&size=3)