A.N. GROVER, J.

(1) THIS is an appeal by certificate from a judgment of the Madras High court involving the construction of a will executed on 11/01/1933, by Yagappa Nadar. The following short pedigree table will be of assistance in understanding the facts :

In his will Yagappa set apart certain properties for charities. The properties so set apart are contained in three Schedules A, B and G attached to the will. The income from these properties was to be respectively used for the purpose of charities specified in Schedules D, E and F. The testator made provision for the management of the three sets of properties. We are concerned, in the present appeal, with properties mentioned in Schedule A. The will was in the Tamil language and the relevant portion has been translated by the learned judges of the High court who knew that language as follows:

"MY elder son and after him the seniormost male member amongst the heirs in his line from generation to generation shall manage the "A" Schedule properties without subjecting them to any alienation and perform the charities properly."

The provision for the management of "B" Schedule properties was in identical term