Sankaran Nair, J.

1. The first defendant is the daughter, and defendants Now. 2 and 3 are the sons, of one deceased Venkataratnam, who insured his life for Rs. 2,000 which the Insurance Office agreed to pay to his wife and children. The plaintiff got a decree against Venkataratnam and he claims the insurance money towards the decree, including the Rs. 400 that fell to the first defendant.

2. The first question for decision is whether the money insured is protected by the Married Womens Property Act (III of 1874) or whether it is a part of the estate of the deceased. The Judge, following the decision in Oriental Government Security Life Assurance, Ltd., v. Vanteddu Ammiraju (1912) I.L.R. 35 Mad. 162 as he was bound to do, held that the Act did not apply. This is an appeal from that decision.

3. It is argued before us that that judgment ought not to be followed, and that the Act is applicable to cases like the one before us. Section 6 of Act III of 1874 runs thus:

A policy of insurance effected by any married man on his own life, and expressed on the face of it to be for the benefit of his wife, or of his wife and children, or any of them, shall enure and be deemed to be a trust