of the movable and immovable property, ought to be, on the death of one of such co-sharers, considered and treated as an increment to the original corpus, and of the same nature, so as to pass entire with such corpus to his co-sharers, or whether the accumulations were to be traced and ascertained by means of an account to be directed by the Court, and then severed from the original corpus and treated as if they formed a part of the separate and selfacquired estate of the deccased co-sharer. The Bill was filed on the 20th of August, 1855, by the Appellant, the widow of one of five co-sharers, against the Respondents, on the equity side of the Supreme Court at Calcutta. The statements in the Bill were to the following effect: That Bustomdoss Mullick, then deceased, was a Hindoo inhabitant of the town of Culcutta, and there carried on the business of a Banian, and that he left five sons, namely, Beernursing Mullick (since deceased), Surroopchunder Mullick (also since deceased, the husband of the Appellant), and the Respondents, Denobundoo Mullick, Brijobundoo Mullick and Gostobeharry Mullick (since deceased), who was the father of the Respondent, Koonjoobcharry Mullick and the husband of the Respondent, Sreemuty Bhuggobutty Dossee. That, during the lifetime of their father, none of the son ever, at any time, had any trade or business independent of and apart from their father, or acquired or became possessed of any property or estate separate or apart from him; that Surroopehunder Mullick was, for a few years previous to his father's death, perfectly blind, which rendered him totally unfit to take part in or personally interfere with the management of the estate of his father, or 1856. SREEMUTTY MONEY DOSSEE SOORJEE V. DENOBUNDOO υ. DENOBUNDOO 1856. the expenditure of his own family after the latter's SREEMUTTY death. That Bustomdoss Mullick died on the 10th of SOORJEE MONEY DOSSEE March, 1841, having duly made his Will, the principal parts of which were the first, eleventh and fourteenth items, which were as follows:-" First Item I have five sons, you four persons, and middlemost son, Surroopchunder Mullick, (whose eyes becoming diseased he has become blind) for this reason whatever estate I have in ready money, in loan papers, in jewels, in gold and silver personal ornaments in dresses and cloths and chandeliers and lanterns and lands homesteads &c. agreeably to my ledger book and abstract book and according to the cash book with my own writing therein all the said property remains for you five brothers in equal shares, but so long as the said middlemost Baboo's eyes are not cured so long you four persons will protect and look after all the said estate mentioned above and in drawing the interest of the Company's papers and realizing the outstandings and liquidating the debts and in suits causes and the like whenever it becomes necessary to sign and affix signatures to anything you four persons will do that and in consulting &c. about the worldly affairs and the expenses and disbursements that may become necessary at any time you four persons will be unanimous in that also and incur the same and the said expenses will fall equally to the five shares and among the abovementioned immovable property, if it if requisite to sell any parcel of land in that matter you four persons will affix your respective signatures and one among you four persons whoever he may happen to be having written and signed the name of the said middlemost Baboo will write his own name adding "by his pen" to the same therein no SOORJEE MONEY DOSSEE V. DENOBUNDOO MULLICK. one will be able to make any objection or dispute 1857. having sold such parcel of land you will credit the SREEMUTTY money to the estate. By the will of the Issore should the eyes of the said middlemost Baboo get well in that event the said middlemost Baboo becoming an executor in association with you you five persons will transact every business with unanimity. Eleventh Item. The Issore avert but should peradventure any among my said five sons die not leaving any son from his loins nor any son's son in that event neither his widow nor his daughter nor his daughter's son nor any of them will get any share out of the share that he has obtained of the immoveables and moveables of my said estate. In that event of the said property such of my sons and my sons' sons as shall then be alive they will receive that wealth according to their respective shares. If any one acts repugnant to this it is inadmissible however if my sonless son shall leave a widow in that event she will only receive Rs. 10,000 for her food and raiment. Fourteenth Item. The orders that I have given to you in the above-written items you will be unanimous and do every act agreeably to those and remaining joint in food you will uphold the expenses and disbursements. of the family in the manner the same have been hitherto only." That after Bustomdoss Mullick's death his sons, Beernursing and the Respondents, Denobundoo Brijobundoo, and Gostobeharry, proved the Will in the Supreme Court at Calcutta, and took upon themselves the execution thereof. That upon and after the death of the Testator, the whole of the real and personal property of the Testator, was transferred into the joint names of the five sons, and jointly held and possessed by them as owners and 0 2 VOL. VI. 1857. SOORJEE MONEY DOSSEE v. DENOBUNDOO proprietors thereof under the Will. That, with a SREEMUTTY View to improve the estate and property left by the Testator, his son, Beernursing, after the death of his father, as the eldest son and principal manager of the joint estate, with the consent and concurrence of his brothers, made loans of money to divers individuals, upon the security or pledge of portions of the joint property, real as well as personal, bearing interest at high rates, and thereby the joint estate was considerably increased, and very large accumulations accrued thereon; and that from the death of the Testator down to the time of the death of Surroopchunder, the annual income and profits of the joint estate actually received by Beernursing and the Respondents, Denobundoo, Brijobundoo, and Gostobeharry, very greatly exceeded the disbursements and expenses of the five brothers and of the whole of the family of the Testator; and very large accumulations accrued from year to year, and from month to month, by reason of the surplus of income over expenditure, the whole of which accumulations were realised by Beernursing, Denobundoo, Brijobundoo, and Gostobeharry, and were from time to time invested and employed by them in the same manner as the corpus of the estate and very large gains and profits were thereby realised and the accumulations greatly increased. That there used to be a yearly surplus of about Company's rupees two hundred and ten thousand, which surplus was accumulated and invested, in the manner aforesaid by Beernursing, Denobundoo, Brijobundoo, and Gostobeharry. That after the death of Bustomdoss Mullick, and up to and until the death of Surroopchunder, the five brothers continued to live together, and no division 1857. SOORJEEMONEY DOSSEB บ. DENOBUNDO0 MULLICK. or separation in estate ever took place between them, but that each of them respectively drew and received SREEMUTTY from and out of the joint estate for the expenses and maintenance of himself and family, such sums of money as he required, and that entries of such respective disbursements were entered in the joint khattah books of account relating to the joint estate; and that during his lifetime Surroopchunder drew or received from the joint estate a very much smaller sum than his other brothers, and that no account was ever rendered to him by his brothers, in respect of the surplus and accumulations, or of their dealings therewith, or of the profits arising therefrom. That Suroopchunder died on the 25th of November, 1847, intestate and without male issue, but leaving the Appellant, his sole widow, heiress and personal representative, according to Hindoo law and custom, and two married daughters, respectively him surviving. That in the month of July, 1849, Beernursing also died, leaving the Respondents, Toolseedoss Mullick and Soobuldoss Mullick, his two sons, him surviving, having first made his Will and thereby appointed the other Respondents, Denobundoo Mullick, Brijobundoo Mullick, and Gostobeharry Mullick, executors thereof. That, subsequently, Gostobeharry died, leaving the Respondent Koonjoobeharry Mullick, his only son, him surviving, having first made his Will, in and by which he appointed the other Respondent, Sreemutty Bhuggobutty Dossee, his widow, the sole executrix thereof. That the above several persons respectively had taken possession of the whole of the joint estate, and of the accumulations, additions, and increase thereof, including the share of the late Surroopchunder in such increase, additions, and accumulations accrued during |