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1950 Supreme(Pat) 158

V.RAMASWAMI, REUBEN
J. L. Quadros – Appellant
Versus
Adeline Teresa Quardros – Respondent


Judgment

RAMASWAMI, J.

1. The question to be decided in this appeal is whether upon the proper construction of a will executed by one Mr. J. A. Quadros on 20-2-1937, toe respondent is entitled to a direction from the Court that certain properties should be sold by the executrix & the respondent given her share out of the sale proceeds.

2. It is the admitted case that, on 20-2-1937, Mr. J. A. Quadros executed the will in question. Mrs. Adeline Reid is the third child of the testator & when the will was executed ,she was aged fourteen years. She has since married & has now two children, the elder of whom is seven years of age. On her behalf, it is alleged that Mrs. J. L. Quadros, who was the executrix appointed under the will, has not carried out the direction of the testator that certain properties should be converted into cash & one-eighth of the sum realised by the sale should be paid to each of his children on his or her attaining the age of twenty-one years. The executrix contested the application on the ground that the Court cannot direct a sale of the properties or distribution of the sale proceeds so long as she was alive. It was maintained that by the will the executrix was g





















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