In the light of judicial pronouncements, discuss the following: The court is entitled to put itself into the testator's arm chair.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2015
In the light of judicial pronouncements, discuss the following: The court is entitled to put itself into the testator's arm chair.
Answer & Explanation:
In construing the language of a Will, the Courts are entitled and bound to bear in mind other matters than merely the words used. They must consider the surrounding circumstances, the position of the testator, his family relationship, the probability that he would use words in a particular sense and many other things which are often summed up in somewhat picturesque figure. The Court is entitled to put itself into the testator's arm chair. [Venkatanarasimha v. Parthasarthy, 41 IA 51, 70 (PC); Gnambal Ammal v. T. Raju Iyer, AIR 1951 SC 103,106].
Topics: Wills and Interpretation
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