Case Note & Summary
The present trust petition was filed by Devishankar S/o Ganga Prasad Ram Narayan Tripathi & Ors. seeking distribution of undistributed funds under Clause 5 sub-clauses 6, 7, and 8 of a Will dated 7.2.1917 executed by Ram Narayan Shiv Prasad Tripathi. The Will settled a trust and appointed the Official Trustee as sole trustee. Clause 5 provided for distribution of Rs.9,000/- to various charities and persons, with a residuary provision that any balance not distributed under its sub-clauses shall go to charity for maintenance of the temple of Shri Kashi Narayan and the Tank at Rattakhera. Clause 6 bequeathed Rs.1,000/- to the testator's wife with conditions. Clause 7 provided for the eventuality of failure of the bequest to the wife. The petitioner claimed that upon failure of the bequest to the wife, the amount should be distributed to him under Clause 7. The court examined the clauses and held that Clause 7 only applies if the wife fails to take the bequest, but the amount then falls to charity under Clause 5, not to the petitioner. The petition was dismissed.
Headnote
A) Trust Law - Interpretation of Will - Failure of Bequest - Residuary Bequest - The court considered whether upon failure of a bequest to the wife under Clause 6, the undistributed amount should go to the petitioner under Clause 7 or to charity under Clause 5. The court held that Clause 7 only applies if the wife fails to take the bequest, but the amount then falls to charity under Clause 5, not to the petitioner. (Paras 1-3) B) Trust Law - Residuary Bequest - Charity - Clause 5 of the Will provides that any balance of Rs.9,000/- not distributed under its sub-clauses shall go to charity for maintenance of temple and tank. The court held that this residuary clause covers the undistributed amount, and the petitioner has no claim. (Paras 2-3)
Issue of Consideration
Whether the petitioner is entitled to the undistributed amount under Clause 7 of the Will upon failure of bequest to the wife under Clause 6, or whether the amount falls to charity under Clause 5.
Final Decision
The court dismissed the trust petition, holding that the undistributed amount falls to charity under Clause 5 of the Will, and the petitioner has no claim.
Law Points
- Interpretation of Will
- Trust
- Failure of Bequest
- Residuary Bequest
- Charity
- Clause 7
- Clause 5
- Clause 6
