Judgment

MITTER, J. :- One Rudrappa Murigeppa Gugwad died leaving a will dated February 2, 1919. It is claimed by the appellant that he also left a codicil dated August 10, 1919. After reciting in Clause 1 of the will that he had brought up Lochanappa Gugwad, son of Irappa Sidlingappa Gugwad, and that though he had wished to take the said Lochanappa in adoption but had not been able to do so up till then and even if the adoption ceremony did not take place in the future, Lochanappa alone would be the owner of his properties he proceeded to state in Clause 2 of his will that:

"Even though I have hereby transferred the ownership of my immovable and movable properties to Lochanappa Irappa Gugwad, Lochanappa should act under the supervision of the trustees, namely, Lingappa Senganshanappa Tyapi and Gurulingappa Gangappa Gugwad. If both the trustees find that my property will fall out of use on account of Lochanappa s taking to bad ways, both the trustees should take possession of the property and safeguard it by appointing my extremely faithful clerks Veerabhadrappa Mallappa Suligavi and Basappa Nurangappa Tuppad. If Lochanappa gets a male issue the property should be in the possession o