https://www.taxtmi.com/caselaws?id=7252 On a true construction of the will, the properties vested on the testator's death in the widow and six sons as tenants-in-common. The widow had only powers of management and control, including maintaining accounts, realising monies and making investments, but no right to enjoy the whole income; her interest was confined to her own share. Later settlement documents could not alter the testator's intention and, at most, created only a life interest in her favour. As she did not have an interest in the whole income, section 40 of the Estate Duty Act did not apply, and the properties were not includible as property passing on her death. en-us Wed, 20 Dec 1967 00:00:00 +0530 Mon, 16 Feb 2009 11:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7252 On a true construction of the will, the properties vested on the testator's death in the widow and six sons as tenants-in-common. The widow had only powers of management and control, including maintaining accounts, realising monies and making investments, but no right to enjoy the whole income; her interest was confined to her own share. Later settlement documents could not alter the testator's intention and, at most, created only a life interest in her favour. As she did not have an interest in the whole income, section 40 of the Estate Duty Act did not apply, and the properties were not includible as property passing on her death. Case-Laws Income Tax Wed, 20 Dec 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7252