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1943 Supreme(Mad) 167

HORWILL
Damodara Moothan – Appellant
Versus
Ammu Amma – Respondent


JUDGMENT

Horwill, J.

1. The question that arises in this appeal is with regard to the construction of a will which has been marked as Ex. A. It was held by the District Munsiff of Palghat, who tried the suit, that according to the will one Kunjammal, the sixth defendant and mother of the plaintiff, had an absolute interest and that therefore the plaintiff had no cause of action. He therefore dismissed the suit. In appeal, the learned Subordinate Judge construed the will as conferring upon the sixth defendant and her children the plaintiff and the seventh defendant, joint rights in the property after the death of their mother, the widow of the testator. He therefore allowed the appeal and remanded the suit for fresh disposal, because the disposal of the suit then depended upon the result of certain inquiries as to the binding nature of the alienations and other matters.

2. After the testator had expressed his regret that he had no male issue and had only a young daughter often years of age, he said that " the aforesaid Kunjammal (6th defendant), born to me by my wife Paru, becomes entitled to all my properties and the proceeds thereof." He then goes on to say that he would manage the p





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