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1933 Supreme(Mad) 244

PAKENHAM WALSH
Sundarathammal – Appellant
Versus
Paramaswami Asari – Respondent


JUDGMENT

Pakenham Walsh, J.

1. The petitioners before me are the two widows of one Sundaram Asari, who died in 1922.

2. By a will he left instructions that the widows should pay off the debts in E Schedule to the will by the outstandings due in D Schedule. In this matter the two sons of his two elder brothers were to assist them. Receipts were to be granted in the names of both the widows and the surplus invested in their names. He also contemplated that with this surplus lands should be purchased in the names of both the widows in which they should have a life-interest in equal shares.

3. The house and ground shown in A Schedule was similarly to be enjoyed by them in equal shares as a life-interest.

4. Widow No. 1 was to have B Schedule vessels and jewels, and widow No. 2 C Schedule vessels and jewels but again without power of alienation.

5. Till the immovable properties proposed to be purchased by the balance of outstandings were purchased, the widows were to realise in equal shares the interest from the surplus and use it for their maintenance.

6. The will in fact put the widows in no better position than they would have been in without it. They simply got a life-interest in the decea



















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