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1965 Supreme(Mad) 176

K.S.RAMAMURTI
Jabamalai Mariammal – Appellant
Versus
A. Madalamuthu Thevar – Respondent


Advocates:
M. R. Narayanaswamy and N. Kannan, for Appellants.
T. R. Ramachandran and K. Chandramouli, for Respondents.

Judgment.-

Defendants 2 and 3 who have failed in both the Courts are the appellants in this Second Appeal, which raises the question of the true interpretation and construction of a will, Exhibit A-3, left behind by one Mariammal, who died in November, 1954. She left behind her, her husband, Anthonimuthu, a son Madalamuthu Thevar, the plaintiff in the suit, a daughter, Annammal the first defendant and Jabamalai Mariammal, the second defendant, being the widow of a predeceased son. She first created a will, Exhibit A-2, dated 30th November, 1950, under which she bequeathed a house and vacant site of an extent of ten cents T. S. 230 in Coimbatore Municipal Town to her husband, Anthonimuthu, to be taken by him with all powers of alienation and Under this will it was also provided that after the death of her husband, Anthonimuthu, the southern half in the ten cents of vacant land and the house aforesaid was to betaken by the plaintiff, Madalaimuthu with absolute powers of alienation, while the northern half, was to be taken by her daughter, Annammal the first defendant, and her daughter-in-law, Jabamalai Mariammal, second defendant, in equal halves similarly with absolute powers of ali



















































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