Gentle, J.

1. On the 11th May, 1935, one V. Sundaresayya effected a policy of insurance No. 1113 with the Guardian of India Insurance Co., upon his life and the schedule to that policy provides that the amount payable upon his death is Rs. 2,000. Under the heading "For whose benefit and to whom payable" are the words "the assured or his wife Mrs. V. Lalithatnbal if he predeceases her". The assured died on the 7th March, 1936, during the currency of the policy. It is conceded that in fact only Rs. 1,000 is payable under this policy. During her life time, namely, two days after effecting the policy the assured by an endorsement on the back of the policy assigned to the Travancore National Bank all the benefits under the policy for valuable consideration. The widow, the petitioner in this petition, claims that upon the effecting of this policy a trust immediately came into existence in her favour and that by the assignment of the benefit of the policy to the Travancore Bank the deceased was trying to do what in fact he had no power to undertake and she claims that the money, the Rs. 1,000 should be paid to the Official Trustee to hold on her behalf and should not be paid to the