JUDGMENT :

M.S. Menon, J.

The plaintiffs in O. S. No. 39 of 1958 of the court of the Subordinate Judge of Parur are the appellants before us. The suit which has been dismissed with costs was for partition of the items of property specified in the schedule to the plaint. Ext. P. 1 is a will executed by one Poulose Upadesi on 6-2-1113 (22-9-1937). The items of property included in the C schedule to that will are the items of property described in the schedule to the plaint. The testator died on 1-2-1118 (17-9-1942).

2. The 1st plaintiff is the widow of the testator and plaintiffs 2 to 6 are his daughters. The testator had a daughter, Annam, who pre-deceased him on 17-12-1117 (2-8-1942). The items of property described in the C schedule to Ext. P. 1 and the schedule to the plaint are the items set apart to her under that will. The 1st defendant was her husband and defendants 2 to 5 are their children.

3. The only question for determination is what exactly is the impact of the death of Annam prior to the death of the testator on the bequest in her favor. According to the plaintiffs the death of Annam prior to her father's death precludes the operation of the bequest and the items become pa