The Chief Justice.-In this appeal the Court is concerned with the succession to the estate of one Tirupathamma who died on the 14th December, 1926. The following genealogical tree will help in the appreciation of the facts.

Sambayya, Tirupathamma’s husband, died on the 3rd July, 1916 being succeeded by his widow and his son. The son died on the 6th October, 1916. On the son’s death the properties left by Sambayya devolved upon Tirupathamma. She claimed to be entitled to the estate in her own right under a will alleged to have been left by Sambayya. The validity of this will was disputed and Subbarayudu, Kristniah and Neelayya Sastri, the uncles of Sambayya, instituted in the Court of the Subordinate Judge of Guntur, O.S. No. 142 of 1917 for a declaration of its invalidity. On the 20th December, 1918, by consent a decree was passed under which Tirupathamma received in absolute right a half of the properties left by her husband. Consequently the properties which she received under this decree became her own stridhanam. On Tirupathamma’s death the properties devolved upon Sambayya’s mother Seshamma, who died on the 2nd January, 1938. Under the Mitakshara law the heir was Neelayya Sastr

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