BENGAL LAW REPORTS. PRIVY COUNCIL.* 1870 MUSSAMAT FANNY BARLOW (PLAINTIFF) v. ON APPEAL FROM THE COURT OF THE JUDICIAL COM- Will-Domicile-Rules for Interpretation—“ Children”—Accretions to Where a testator has an ascertained domicile, the construction of his will must depend on the law of that domicile; but if no particular law is applicable, the will is to be interpreted by principles of natural justice. In such cases, in applying the rules of Hindu, Mahomedan, or English law to the wills of Hindus, Mahomedans, or East Indian Christians, respectively, their particular habits and modes of life may be looked to as a guide to the interpretation. From the context of the will and surrounding circumstances, "children" may be interpreted as illegitimate children. Where by will the income of estates was left to devisees for life, with a gift over of the corpus on their death, and a portion of the income instead of being divided among the tenants-for-life was applied to the purchase of other estates, held, these estates did not pass to the remaindermen, but formed the absolute property of the tenants-for-life, and passed to their devisees. THIS was an appeal from a decision of the Judicial Commissioner of the Punjab, whereby a suit, brought by the appellant, claiming under a will of Major James Skinner, to establish a right to share in his property devised to her and her illegitimate son, was dismissed. The Court of first instance decreed in favor of the appellant; the Civil Judge reversed that decree; and the Judicial Commissioner affirmed that reversal. * Present:-THE RIGHT HON. THE LORD WESTBURY, SIR J. W. COLVILE, SIR JOSEPH NAPIER, AND SIR LAWRENCE PEEL, March 9. The facts were as follows:- Colonel Skinner, C.B., who at the time of his decease commanded a Corps of Irregular Horse, in the service of the late East India Company, was eminent in his profession, and in consideration of his services the Governor-General, in 1819, by an order in Council, granted, in Altumga, certain villages in the district of Meerut to him " and his heirs after him, or to such persons as he may devise by his last will and testament, or by any other valid instrument, with their heirs in the proportions "in which he may devise the same to them respectively, so that "each holding and enjoying his own share, shall conform himself "to the dispositions of his said will.” Colonel Skinner had also before his decease acquired considerable landed and house property by purchase, and had taken on lease many villages, in many instances the Government being the lessors. He died in December 1841, leaving a will executed on the 10th May 1841, the material part of which is as follows: "2nd. I will and direct that all my just debts and funeral charges be paid and discharged by my executors hereinafter named. "3rd.—I will and bequeath the rest of my property, of whatever nature, I may die possessed of, or that may be coming to me by gift, will, or as heir-at-law, or in any other manner, to my sons Joseph, James, Hercules, Alexander, and Thomas Skinner, or the surviving heirs of them, in equal shares or dividends." And after bequeathing certain annuities, the testator directed that "the whole of the above sums revert to my sons after the death of the legatees. The whole of the above sums to be paid from my Altumga and zemindari half-yearly, or Fuslee dur Fuslee." And after making certain donations, the said will provided as follows: "I leave and bequeath the income of my Altumga, zemindari, and tika villages, gardens, and houses to my five sons, herein named, Joseph, James, Hercules, Alexander, and Thomas Skinner, to share alike, none of them to have the power or option (even if they all agree) to sell or divide any landed property of the Altumga or zemindari. One of my sons, whichever is most fit, or whoever I may name hereafter, is to manage the whole concern, for which trouble he is to get ten per cent. from the whole income, and he is bound to show a faithful account current yearly to his brothers. "Should they like to live together, they may live at Belaspoor, and build houses with mutual consent in the Altumga or zemindari. "Should my personal property not pay off all my debts, they may sell my house at Delhi and my garden at Trevelliangunge; but should the personal property pay the debt, the house to be rented, and the rent, after paying for the yearly repairs, to be divided amongst my five sons. 66 "In the event of the death of any of my boys previously to attaining the age of twenty-one years without issue, his or their portion or portions of the Altumga, zemindari, and tika villages shall revert to the surviving brothers for the benefit of the survivors and their heirs, and his or their portion or portions of other property willed by me shall be equally divided amongst all my surviving male children. "I will and declare that it is my intention and meaning that, in the event of all or any of my aforementioned sons Joseph, James, Hercules, Alexander, and Thomas Skinner dying and leaving issue or children, that the share of the fathers shall devolve on the issue or children to be by them divided in equal shares. "I will and declare that, in the event of the death of all my reputed children, Joseph, James, Hercules, Alexander, and Thomas Skinner, and without issue, that my Altumga rights, zemindari, tika villages, and all and every of the sums bequeathed to them shall devolve to my daughters, Louisa and Elizabeth, and to my granddaughter Sophy, or their lawful issues, to my late brother Major Robert Skinner's children and their issues, in equal shares and dividends. "I will and direct that the expenses attending the education of my two minor sons, Alexander and Thomas Skinner, as well as the expenses necessary for their support and other contingencies during their minority, or until they shall attain F. BARLOW v. 1870 or arrive at the age of majority, or twenty-one years, shall be MUSSAMAT defrayed from their shares of the Altumga, zemindari, and tika villages, the balance remaining to be paid to them when they become twenty-one years of age, the manager to put the balance of their shares in each of their names in Company's Papers." SOPHIA EVELINE And after directing that "if the manager finds amongst his brothers any capable of assisting him in the management of the estate, trades, or affairs, he may appoint assistants and pay accordingly." And after giving instructions as to the management of the property of his deceased brother Robert Skinner, by whom he had apparently been appointed executor, the testator by his will did "nominate, constitute, and appoint Joseph Skinner, Esquire, Lieut. James Skinner, and Lieut. Hercules Skinner, his sons, as executors and joint managers to all his zemindari, tika villages and Altumga rights, &c., &c., of that his last will." Upon the testator's death, his son, James Skinner, took the management of the testator's property, and during his management certain properties were purchased by James Skinner as such manager, out of surplus rents, such purchases being uniformly treated as parts of Colonel Skinner's estate. Joseph Skinner, the eldest son of the testator, died some time in the year 1855 intestate, leaving an illegitimate son, George, to whom a certificate to his putative father's estate was granted under Act XX of 1841, and he received the income of Joseph Skinner's share of Colonel Skinner's estate, although he was not a legitimate son of Joseph Skinner. James Skinner, the second son of Colonel Skinner, was legally married to a Miss Sophia Barlow, by whom he had one lawful child, the respondent, Sophia Eveline Orde, referred to tin Colonel Skinner's will as his "granddaughter Sophy." During Colonel Skinner's life-time, James Skinner appears to have formed an illicit connexion with Charlotte Barlow, his wife's sister, and to have had illegitimate issue by her, one son, Stewart. Charlotte Barlow and her son Stewart were turned by Colonel Skinner out of his house, and he expressed very |