1788-11-27 (static/transcriptions/1788/11/145.jpg)

“the brothers meet and equally divide the paternal inheritance: while the parents live, they are not masters of it.” Sir William Jones then proceeds thus Gloss “From this text it appears, that the brothers of the whole blood must divide the father’s estate after the death of both parents; that they cannot, at their own pleasure, divide it, while the mother is living; but that a legal division must be made with her assent. If they are desirous of living together undivided, the eldest brother (being of ability to transact business & keep house) shall take the whole: and the other brothers shall live under him as under their father. So is the text of Menu, The eldest bro shall ever take entire possession of the paternal estate the others shall live under him as under a father.”

The Judges seemed to think that it would be proper in this case to consult the Pundits, but in the mean time they were all clearly of opinion that the mother ought to be made a defendant, and though perhaps, in strickness, the Bill ought to have been dismissed for want of parties, yet the Complainant being a pauper it was Ordered, with the consent of the Defendant’s counsel, that the Complainant be at liberty to amend his Bill by adding the name of the mother of the Defendant Ramnarain Mullick as party Defendant thereto and that the Costs of bringing this cause to a Hearing do abide the Event of the Suit
Same day