Alfred Henry Lionel Leach, C.J.

1. The question raised in this appeal is whether a congenital idiot has the status of a coparcener notwithstanding that he is excluded from the enjoyment of his share.

2. The following genealogical tree will assist in the appreciation of the facts:

Veerakumara Pillai - Vallimayil Ammal (died 1912) | (died 1917) | ____________________________________________________________ | | | Chellakrishna-Amirtharamal Karuppayee-Subbiah Pilial Maruthu-Chellam Pillai (died 1934) (Deft. 3) (Died 1926) (Died 1924) | | | Two sons (dead) and one | Vallimayil Ammal daughter. | (a minor)(Plaintiff) __________________________________________ | | | Karthikeyan Mangalathammal Ponnumuthammal (a minor) (Deft. 5) (Deft. 1) (a minor) (Deft. 2)

3. Veerakumara Pillais son Chellakrishna was a congenital idiot, but his father married him to Amirthammal and by her he had two sons and a daughter. Both the sons were born after the death of Veerakumara Pillai in 1912, but both of them had died by 1917. It has not been suggested that either of them was similarly afflicted. Veerakumara Pillai left a will, dated the 13th February, 1912, by which he bequeathed all his property, which