Judgment

K. N. WANCHOO, JJ.

( 1 ) THIS is an appeal on a certificate granted by the Madras High Court. The facts lie in a narrow compass and may be briefly stated. One Viswanatha Iyer, who died in 1927 had a number of properties. He had no male issue but left two daughters surviving him who were minors at the time of his death. He had a brother Seetharama Iyer who died in 1934. The appellant is the third son of Seetharama. He was treated as a foster son (abhimanputra) by Viswanatha and was also minor at the time of his death. Viswanatha made a will on 4/10/1927. By this will he appointed his brother Seetharama as guardian of his minor daughters as well as of his foster son. He left the management of his properties to his brother and provided that as soon as his minor daughters attained majority Seetharama should give to them per head one veli or nanja land and one veli of punja land in vattam No. 149 in village Nagampadi and further provided that the said Seetharama should deliver possession of the remaining properties to Balakrishnan immediately after he attained majority. It was also provided in the will that Seetharama should pay to the minor daughters the income from the properti