Judgement

Appeal (No. 17 of 1926) from a decree of the High Court (March 25, 1925) reversing a decree of the District Judge of Insein.

The suit was brought by the first respondent to eject the appellants and their mother, the second respondent, from property consisting of about thirty acres at Kokine.

The appellants were the children of one Sarkies Vertannes, who died in 1897. They contended that under their fathers will there was intestacy as to the property, and that they were entitled to their shares in it according to the Indian Succession Act. The second defendant, who was the widow of Sarkies Vertannes and executrix of the will, had conveyed the property to the appellant in 1918 in discharge of mortgage debts with which she had charged it; she did not defend the suit and was now joined as a formal respondent. The first respondent had let the property to the first appellant in 1918 for twelve months, and given him notice to quit.

The chief questions arising on the appeal accordingly were (1.) whether the will gave the property to the second respondent; (2.) if not, whether she had power as executrix to convey it to the first respondent; (3.) whether the appellants-or any of th