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1945 Supreme(Mad) 383

LEACH
Srinivasagam Asari – Appellant
Versus
Chinnammal – Respondent


JUDGMENT

Leach, C.J.

1. In these appeals the Court is called upon to decide the effect of the will of one Sundaram, who died in the month of July 1983. The testator had two sons, Shanmugam and Sethuraman, and a daughter, the plaintiff in the two suits which have given rise to the appeals. Shanmugam predeceased his father. He left a widow Swar-navalli, but no issue. Sethuraman died on 23rd February 1936 and Swarnavalli in March 1940. Sundaram executed a will dated 29th January 1933 in which he purported to leave for charitable purposes the net income of the properties described in the document, after deducting certain sums for the maintenance of his son Sethuraman and his daughter-in-law Swarnavalli. The properties were described by the testator as being his own. One of the questions in the appeals is whether the properties belonged to the joint family. Another question is assuming that the testator had the right to dispose of the properties by a will, whether the directions amounted to a dedication to charitable uses or merely created a charge for such uses. It is quite clear that the testator intended that Sethuraman and Swarnavalli should act as trustees of the charities mentioned















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