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1910 Supreme(Mad) 317

ARNOLD WHITE, WALLIS, MILLER
Munisami Chetti – Appellant
Versus
Marthammal – Respondent


JUDGMENT

Wallis, J.

1. In this case the plaintiff who is the daughter-in-law of the deceased sues the first and second defendants as executors of his will. The plaintiff claims that under the will of the deceased she was entitled to be paid a proper maintenance out of the profits of a fund of Rs. 25,000 and odd disposed of by the will, and charges the defendants with certain acts of maladministration, non-payment of maintenance and refusal to keep and show accounts, and prays among other things that the executors may be made to account and may be removed; and the suit may I think be treated as an administration suit in which the Courtis asked to take upon itself the administration of the estate and see that the provisions of the will are given effect to. One question raised is whether the plaintiff is entitled to maintenance under the will out of the fund. In my opinion she is. Under the will, exhibit A, there was to be no delivery to her until there was issue to her and her husband, and in the meantime she and her family were to be paid maintenance out of the fund. Although the husband died after the institution of the suit, it is still open to her to adopt if aha can obtain the nec



































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