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1933 Supreme(Mad) 105

HORACE OWEN COMPTON BEASLEY, KT.
The Imperial Bank of India – Appellant
Versus
S. Krishnamurthi alias Adikesavalu Naidu – Respondent


JUDGMENT

Horace Owen Compton Beasley, Kt., C.J.

1. This is an appeal by the Imperial Bank of India, the 2nd defendant in the suit. The facts out of which the suit and this appeal arise are as follows. The plaintiff is the son of one Sanjeevi Rangiah Naidu, who, on the 14th December, 1913, made a will bequeathing to the plaintiff, his younger son, the sum of Rs. 3,121-10-3 which had been deposited by him in the appellant Bank in fixed deposit, dated the 24th July, 1913. In this will the testator appointed Chellammal, his sister and R. Lakshmiah Naidu, his brother-in-law, and the plaintiffs maternal uncle the guardians of the plaintiff. It was further provided that these two guardians were to receive the accrued interest earned by the sum of money in fixed deposit already referred to once a year for the maintenance and education of the plaintiff till he attained majority when he would be entitled to receive the whole amount on fixed deposit from the Bank. The plaintiffs father died on the 20th January, 1914 and the two guardians applied to this High Court for the grant to them of letters of administration with the will annexed. The grant was ordered on the 10th February, 1916, on the n











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