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1938 Supreme(Mad) 248

WADSWORTH
Kistammal – Appellant
Versus
Saraswathi Bai Ammal minor by next friend, her husband, Bhimasena Rao – Respondent


JUDGMENT

Wadsworth, J.

1. This appeal relates to the interpretation of a will dated 11th September, 1920. The testator at the time of his death left a widow an unmarried daughter who is now the plaintiff and two married daughters by another wife who are defendants 1 and 2. The will is an unprofessional document written in Tamil and its important provisions are as follows. It starts with a preamble in which the testator says:

After my death my properties and debts should, after considering the details mentioned hereunder, be enjoyed.

2. Then he goes on to specify his properties and his debts. Thereafter he makes a legacy to his sister and a small legacy to each of his married daughters, and then he makes provision for the payment of his funeral expenses. Finally there is the last clause which says:

As per the above directions my wife Thulasi Bai should do all acts aforesaid with full rights, the words in Tamil being Both the Courts below reading the preamble along with the final clause have held that the testator by directing that the properties "should be enjoyed" as subsequently recited and by directing his wife to "do all acts aforesaid with full rights" intended to direct that his wi

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