Curgenven, J.

1. The decision of this case is dependent upon the construction to be placed upon a will, Ex. A, executed by one Venkatarama Ayyar in 1902 bequeathing certain properties to his sister Parvati, who died in February 1923, Parvati was the mother of defendant 1 and of Sitarama Sestri, who died in March 1924 and whose widow is the plaintiff. Together the two brothers formed a co-parcenary. Defendant 1 resists the plaintiffs claim to partition of the properties devised by the will firstly on the ground that it created a trust; and secondly, if that contention does not succeed, upon a claim of survivorship, it being argued that the brothers took the property as joint tenants and not as tenants-in-common. The learned Subordinate Judge of Tiruvarur has held in favour of the plaintiff upon both points and defendant 1 appeals.

2. We think the lower Court is correct in holding that the provisions of the will did not constitute a trust, and that Parvati took the devised property subject to charges in favour of certain charities and of an allowance for maintenance. Our attention has been drawn to two cases decided by the Privy Council, Sonatun Bysack v. Juggutsoondaree Dossee