Uganda Case Law

Sidhwa v Mehta and Others (C.A. 29/193.3.)

Sidhwa v Mehta and Others (C.A. 29/193.3.) [1937] EACA 38 (1 January 1937)

Court

East African Court of Appeal

Case number

C.A. 29/193.3.

Judge

Abrahams CJ, Ag P (Uganda), Horne J, Lucie-Smith Ag CJ (Kenya)

The Court held that the bequests to the children of Rustomji and Mobed were class gifts of life interest only, and that under sections 100 and 102 of the Indian Succession Act, 1865, such bequests are void if the class includes persons not in existence at the testator's death and does not comprise the whole remaining interest. The exception in section 98 does not save the gifts, as the will's language does not limit the class to those alive at the testator's death. The Court found that the testator's intention was not to favor one set of children over the other, and that the same construction…

Source excerpt

• Construction Of Wills
• Class Gifts
• Remoteness Of Bequests
• Rule Against Perpetuities
• Succession Act Interpretation