Madhavan Nair, J.

1. The plaintiff is the appellant. The question for determination in this appeal is whether the suit out of which this appeal arises was properly instituted by the plaintiff.

2. The plaintiff is a widow. In 1906 her husband insured his life for the benefit of his wife for a sum of Rs. 2,000 with the New York Life Insurance Company whose office was situate in Calcutta. The business of the New York Life Insurance Company in India has since been taken over by the defendants, the Sun Life Assurance Company of Canada. The plaintiffs husband obtained a loan of Rs. 600 from the defendants and in 1926 he surrendered his policy receiving a sum of Rs. 700 and odd exercising an option reserved in his favour in the policy. In 1929 the plaintiffs husband died. She now claims to recover the money under the Indian Married Womens Property Act (Act III of 1874) on the ground that under Section 6 of the Act a trust has been created in her favour. In the present suit she asks for a declaration that a trust was created by her deceased husband and that she is the beneficiary thereunder and that the Official Trustee of Madras or such other fit and proper person be appointed to ex