MRS. SHIRINBAI MANECKSHAW & OTHERS vs NARGACEBAI J. MOTISHAW & OTHERS.

The Supreme Court held that the will executed by the testator created a substitutional bequest in favor of Mrs. Shirinbai and her heirs, despite the trial court's finding that the bequest was void under Section 67 of the Indian Succession Act. The Court clarified that the intention of the testator was to prevent the estate from passing to his step relations upon intestacy, and thus, the bequest to Mrs. Shirinbai's daughters would take effect. The Court ruled that Section 129 applies, as the will did not specify that the substitutional bequest was contingent upon Mrs. Shirinbai predeceasing the testator, thereby affirming the High Court's decision to grant the suit in favor of the plaintiffs.