Judgement

Appeal from a decree of the High Court (March 1, 1906) affirming a decree of Moore J. (March 16, 1905).

The suit was brought for the administration of the estate of S. Venkatavarada Iyengar by three of the executors with probate of his will against the fourth. The defendant was the testators son, and his case was that the will was invalid and that the assets had passed to him by survivorship, and he denied that the High Court had jurisdiction to entertain the suit. The High Court decreed against him.

The testator was born at Madura in 1834, and was the son of Srinivasa Iyengar, who was treasurer of the Collector of Madura. In March, 1854, the testator having quarrelled with his father, from whom after that date he received no funds, left the family house and went to Mysore, where he lived, holding various appointments under the Mysore Government, till shortly before his death. Srinivasa Iyengar died in 1864, and on October 15 of that year a partition was effected between the testator and the other members of the family, in which there fell to the testators share certain immovable property in Madura and a sum of money which, after advances made by him for the expenses of t