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1950 Supreme(Mad) 189

SOMASUNDARAM
Ratnasami Pillai – Appellant
Versus
Kathija Bivi Ammal – Respondent


Advocates:
S. Swaminathan for Appellant.
G.R. Jagadisan for Respondent.

Judgment

The plaintiff is the appellant in the above second appeal. The question involved in the appeal is one of construction of the will, Ex. P-1, in the case. It was executed by one Vithilingam Pillai on 5th May, 1915. The donee under the will was his daughter, Kathayi, and the plaintiff is the grandson of the said Kathayi. The will, after setting out the properties he had and the debts, proceeds to state as follows:

“After my lifetime my daughter Kathayi shall take all my immoveable and moveable properties with absolute rights. If the said mortgage debt is not discharged during my lifetime the said debt shall be discharged by Kathayi. My obsequies shall be performed by Ratnaswami, grandson of my daughter, Kathayi and son of Maria Pillai of East Tanjore. These arrangements shall take effect after my lifetime. My daughter Kathayi shall get these properties after my lifetime with absolute rights. After her lifetime, her grandson Ratnaswami shall get the properties.”

It may be mentioned here that the testator signed the will on the first page which ends with the portion relating to description of properties, and after the signature of the testator, the following recital:

“If there be

















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