Judgement

Appeal (No. 79 of 1936) from a decree of the High Court (March 19, 1935) which modified a decree of the Subordinate Judge of Tinnevelly (April 23, 1931).

S. Kotilinga, a Hindu governed by the Mitakshara, was the owner of an ancestral impartible estate in the Madras Presidency. Having at the time a son, K. Kotilinga, living, whom he wished to exclude from the succession, he, by a deed executed four days before the Madras Impartible Estates Act came into force, settled the estate on himself for life and, subject thereto, granted it absolutely to the child with whom his second wife was then enceinte should such child be born alive and a male. The

Law. Rep. 66 Ind. App. 134 ( 1938- 1939) Ulagalum Perumal Sethurayar V. Subbulakshmi Nachiar

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deed further provided that, if the child should not be born alive and a male or being born alive and a male should die before him without leaving male issue, his second wife should take the estate absolutely.

A male child, Minakshi Sundara, was born to the settlors second wife on August 13, 1902.

In 1903, the settlors first son, K. Kotilinga, died.

In 1904, his second wife died.

In 1906, a third son, Ulagalum, was born to the settlor by a