Page 330 - Gulf Precis (VI)_Neat

29S Part IV.
of a lifo annuity to his wifo, legacies to somo of bis old servants, and tho be­
quest of certain household property at Baghdad for the maintenance of Ilia
own and bis son’s tomb, would be transferred after bis death, in trust to tho
Resident, at Lucknow, for tbo benefit of bis male relatives in that city, and lie
added that bo wished to deposit tho will in tbo Resident’s ollicc and to appoint
tbo officer in charge of Political Agoncy of Turkish Arabia at the time of Iris
decease, as bis official executor.
00. Sir Henry Rawlinson enclosed a Jotter from theNawab to tbo Governor-
General in which not ono word was said about bis Lucknow relatives. After
rotating the death of bis only son be said—
" As I have no other issue to inherit my property which I have in this country and in
India, and since I cannot place confidence in the people of the present time, and more especially
of this country, and further as human life is precarious, I deem it prudent for me to execute
a will and entrust it to tho British Resident at Baghdad at a proper time, that lie may, after
my death, in the capacity of my attorney and executor, act up to the instructions which may
be therein coulaiucd with respect to my property."
91. In Ibis department letter No. ‘179 of the 25th February 1818, tbo
original draft ran as follows :—
" I have enclosure from Nawab llcbal-ud-Dowlah (o the address of the Governor-
General, soliciting that you may be appointed as (his) official executor."
“ His” was struck out and tbo following words added :—
"Of a will which ho is desirous of making, whereby the greater portion of his estate will
bo transferred, after his death, in trust to the Resident at Lucknow for tho benefit of his
relatives in that city."
The letter wont on to say that under •* the special circumstances of the
ease” tho Nawab’s requests would be complied with and the Resident was
authorised to take charge of the will.
It was tolerably clear that the authority was given on tbo understanding
that tbo bulk of the Nawab’s property in Arabia would be transferred in
trust to the Resident at Lucknow for tbo benefit of bis male relatives in that
city.
92. Tho Nawab appears to have deposited bis will with tbo Resident in
1875, and after this be bad it attested by the Residency Surgeon and Messrs.
Blockley and Clarke in January 1SS3.
93. We noted above the orders passed by the Government of India—refusing
to comply with the Nawab’s request to allow the Resident to be a trustee for the
fund intended for the maintenance of bis tomb. These orders were apparcutly
passed without having the orders of 18*18 put up before them by the Secretariat
(see notes in Internal A., June 1888, Nos. 21G-240).
91. Tbo Government of India seems to lmvo been disposed to consider
favourably the deceased Nawab’s claims for
External A., Jane 1SSS, Nos. 21G-240.
their interest iu bis alfairs, but the will was
bristling with difficulties. The bequests were valid only to tho extent of one-
third of tbo property left by the deceased, and many of them were invalid in
themselves, under the Mahomedan Law. Setting aside the legal difficulties, the
Government of India thought that it would be very inconvenient fur a British
Olficial in a foreign country to be the responsible manager of such a trust as is
contemplated by the will.
94a. Further tbo Advocate General was consulted and tbo following were
then the instructions communicated to tho
Ictcrusl A., August 18SS, Noi. 71-73.
Political Resident in Foreign Department
letter No. 3072-L, dated 2Slh July 1888.
tl You will observe that it is open to question whether the Political Resident is appointed
executor under the will, but even supposing such an interpretation possible, it would he
necessary, inasmuch as the Resident for the time being is not a corporals n, that the duties of
executor should be performed by tho Political Resident at the time of the Nawab’s death in
his personal and not in his official capacity. When the Nawab in the year 1313 asked that ho
might he allowed to dqxtsit I is will in the Residency Office nnd to appoint tho Political Agent
at the time of 1*16 decease to be his official executor, tho Government of India ngrcwl to
sanction the request, on the understanding that tho greater portion of his estate would bo
transferred after his death in trust to the Resident at Lucknow for the benefit of bin relative*.*
in that city. But in the present will widely different ai raugements arc mado for the disposal of