Judgment.-In this originating summons the question is about the interpretation of a particular clause in a settlement deed. The first defendant who is the brother of the Plaintiff executed the settlement deed dated 1st June, 1963 in favour of the plaintiff. Three items of properties are dealt with in the settlement deed. In items 1 and 2 the plaintiff had an l/3rd share in her own right. The first defendant had the remaining 2/3rd share. The whole of item 3 belonged to the first defendant. Under the settlement deed, the first defendant gifted his 2/3rd share in items 1 and 2 and the whole of item 3 to the plaintiff and her children. The relevant clause which requires interpretation is in the following terms:

“That in consideration of the premises the settlor hereby settles and transfers to the settlee for her life without any right of alienation and thereafter on her children both male and female absolutely the properties mentioned in the schedule hereto and that the settlor has put the settlee in possession of the said properties and the settlee shall possess and enjoy the said properties free from the claims of the settlor or any person or persons claiming under him.”

Defendants 2

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