Page 331 - Gulf Precis (VI)_Neat

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Chapter XVIII. 299
the cstato. Moreover, the torma «»f the will nro bo obecuro that it would bo impossible deni
with tbo estate under it without the construction of the will by a Court of Justice. Under the
circumstances, and considering that the Testator has left ln irs who arc fully competent to
protect their own interests tbo Government of India has decided that it is not desirable to
allow tho Political Resident to undertake the administration of the esfalo.
You should therefore inform the hoirs of the deceased that as the Government of India -
has decided that tho Political Resident cannot under any circumstances be allowed to act a9
executor, they are at liberty to tako such steps as they may be advised with respect to the
administration of tho estate, subject to tho terms of the will of which a certified copy should
bo forwarded for their information. r
I am further to invite your nltntion to the 211th section of tho Ottoman Ordor in
Counoil of the 12th December 1873, and to romark that it is apparently dosiraldo that you
■hould now formally renounco probate.”
9<i-B. Mcnnwhilo tbo Residency Consular Court had taken custody of tho
ostato, and takon monsurcs to administer
Internal A., Juno 1889, No*. 2IG-J40. (No. 217.)
it by appointing a rccoivcr, etc.
91-C. In February 18S9 we find that Messrs. IJarrisa and Simmons,
Attorney at Calcutta, informing Colonel
Internal A., Soptembor 1850, No*. 102.100.
Tweedio that a suit bad been filed in tbo
High Court of Calcutta praying that tbo alleged will of the deceased might bo
declared invalid and inoperative, for a declaration that be died intestated, etc.
The parties to this suit were:—
Yamin-ud-Dowlah, Nawab Abid Ali Mirzn, Mubarnz-ud-Dowlah, Nawab
Jafir Ali Khan, Nawab Hasan Ara Regum, Nawab Rowshun Ara
Regum, Nawab Ahmad Ala Khan, Nawab Pcari Begum Sahoba,
Nawab Begum Jan Sabeba, Nawab Begum, alias Jana Begum.
Plaintiffs.—Claiming to bo sole heirs and next-of-kin of the late
Nawab.
Versus.
The Sccrotary of State in Council and others who are mentioned in tbo
will (see para. S8 above).
95. Mcnnwhilo the Turkish authorities were interesting themselves in tbo
estate of the late Nawab and wero very
Internal A., October 1SS0, No*. C(S—67.
solicitous about its administration They
evidently wished to take into their custody the property. Colonel Tweedio was
of opinion “ that if the heirs of the late Nawab onco let bis property or its mouoy
proceeds pass out of British into Osmanli oustody they may consider it gone
from them for over and as little worth going to law about as if it wero situated
in the moon.”
96. Under the Turkish law, immoveable property left by a deceased person
would escheat to the State, if be has left
Internal A., November 1ES0, No*. 6S—CO
no heirs or no will is proved within a
certain time. .Such a contingency was an undesirable one in this case. The
Baghdad Land Department, however, was strenuously moving to havo the
Nawab’s landed property placed iu its custody and administration. But under
section 207 of the Ottoman Ordcr-in-Council, pending the litigation that was
goins on, for the time being, it bad fallen under the jurisdiction of His Britan­
nic Majesty’s Supreme Consular Court, Constantinoplo.
97. In 1890 an application for probate of the Nawab’s will was filed in
Hie Britannic Majesty’s Supreme Court at Constantinople. The parties to this
application wore:—
"Nawab Kezir Mahomed Hassau.
i Sons of Nawab
Nawab Aga Mahomed Khan.
Nawab Mahomed Haji Khan. Mirza Hussein
Plaintiff*, nil of Baghdad, by . Khan.
Edwin Pear*.
Nawab Mahomod Ibrahim Khan. J
Nawab Mahomed Tacki Khan (Brother of Nawab
Mirza.)
„Nawab Mahomed Husein Khan.
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