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1936 Supreme(Mad) 387

BEASLEY
A. M. Kuppuswami Mudaliar – Appellant
Versus
W. Ranganatha Mudaliar – Respondent


JUDGMENT

Beasley, C.J.

1. On 6th July 1911 one W. Parthasarathi Mudaliar made a will (Ex. A) and died a few days afterwards. He left two sons named Jayaram and Ramachandra. Jayaram died on 21st April 1923 leaving a son, the plaintiff in this suit, and Ramachandra died on 31st August 1923 without issue and on 14th September 1923 his widow adopted defendant 2. Clause 32 of the will according to the Court translation reads as follows:

Should the executors think that my sons have received education, etc., are of good behaviour and have good association, and would safeguard my properties without making any wasteful expenditure, and they hand over to them all the properties remaining after paying my debts and meeting the aforesaid expenses, the whole of my estate shall be handed over after Jayaram Mudaliar, of my sons, attains the age of 35 and Ramachandra Mudaliar the age of 30. Even if so handed over, both my sons may only enjoy but shall not have the power to mortgage or sell. Only the issue of my two sons shall, at the proper time, use and enjoy absolutely with rights to gift, mortgage, exchange and sell. Neither my sons nor my other heirs have any right.

2. The plaintiff filed the suit






















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