vyAvASTHA-DARPANA. 45 R. 3. Under the circumstances stated, the brothers are entitled to that potion of the property which may be ascertained to be the ancestral estate ; and of any property which may be proved to be the deceased's personal acquisitions made with the use of the father's funds, the brothers first take one moiety by right of their deceased father, and out of the remaining half, the acquirer's widow will take two shares, and the other brothers one each. If the property have been acquired exclusively by the deceased brother, without any detriment to the patrimony, thcn, on the death of the father, the brothers must havéa moiety of the acquisitions as their father's share, and the acquirer's widow the icsidue. - Q. 4. Is a daughter, during her mother's lifetime, competent to sue her uncle" for her father's property, by virtue of her right of succession ? R. 4. A daughter is not counpetent to bring an action against her paternal uncle, foundcd on her right of inheritance to her father's property, while her mother-exists. * Q. 5. A widow brought an action, claiming her late husband's property, against his brothers, and afterwards executed a release, by relinquishing not only her own right and title, but that of the deceased's daughter and daughter's son, in favor of the brothers. In this case, is the daughter at liberty to bring an action against her mother and uncles for the share of the joint property which belonged to her deceased father f R. 5. Supposing the widow to have sued her husband's brothers for his legal share, and to have entered into a release, with an intention to defeat the right of her daughter and daughter's son, the daughter is eompetent to sue her mother and uncles to annul the transaction. It is prohibited by law to the widow to make an alienation of any propèrty, excepting her own peculiar property, while the heirs exist By such an alienation the hereditary means of maintenance would be destroyed: “They who are born, and who are yet unbegotten, and they who are actually in the womb, all require the means of support ; and dissipation of their hereditary maintenance is censured.” Zillah Hooghly. July 8th 1815. Macn. H. I. vol. II. sect. 2, case 7 (p. 23–26.) Q. A person, who had two sons, divided his whole property, consisting of assessed and rent-free lands and household goods, between them in equal portions, reserving nothing for himself; and at the same time it was conditioned, that for the remainder of his life he should reside for six months in the house of the elder son, and be supported by him, and for the other six months in that of the younger son, alternately. At the time when the partition was made, the father had no ready money, but, subsequently, some money was acquired by the elder son, with which a mercantile concern was carried on by the younger son, who had then acquired no property. The elder son died, lcaving a widow and daughter ; afterwards the father died before his younger son, and his elder son's widow and daughter. At the death of the elder son, his widow came into the possession of her husband's share which he received at the partition ; but on the death of the younger son, his widow ousted the widow of the elder son from her husband's share. In this case, to what proportion is the widow of the elder son entitled P - R. Of the two brothers who received the property at the partition made by the father, supposing the elder to have acquired some property, and to have died before his father and widow, in this case, his widow is entitled to the whole of that which her husband took on the partition, and her husband's acquisitions should be made into four parts, to two of which she is entitled, and the widow of the younger son has a right to the remainder. Zillah Hooghly. Macn. H. L. Vol. 11. sect. 2, case 13. (p. 31, 32). r L Distribution between widow and her husband's brothers, the husband having died in the lifetime of his father. - A daughter can not claim succession while her mother lives. Unless the mother do some act te nding to de feat her right. Case in which the widows of two brothers inherit equal shares of property.
