Wadsworth, J.

1. This appeal raises the question of the validity of an adoption. The properties in question formed part of the estate of one Sampanghi Rame Gowdu who had a son Byre Gowdu. The father and the son separated and it was agreed as one of the terms of the partition that the fathers estate should be held during his lifetime by his second wife Lakshmakkal and on her death should go to Byre Gowdu, the son by the first wife. Lakshmakkal during her lifetime transferred those properties to her nephew the first defendant. Byre Gowdu had two wives, the first was the plaintiff and the second was one Ramakkal. Neither of them had any children. Byre Gowdu died in 1909 leaving a will which concludes with the following sentence:

...if after my lifetime, both of you (that is, the two wives) do not agree to live together dividing the said properties into two equal shares, you shall separately make adoptions....

2. Apparently this was regarded as giving each of the widows power to adopt without regard to the other. At any rate in 1909 shortly after the death of Byre Gowdu, the junior widow, Ramakkal adopted the second defendant. There is no doubt about the fact of the adoption, whic