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1955 Supreme(Mad) 8

RAMASWAMI
In the matter of the will of R. Santhana Mudaly (deceased); Thillainayagi Ammal – Appellant
Versus
Saradambal – Respondent


Advocates Appeared:
R. Thirumalai Thathachariar for Applicant; T.R. Srinivasa Iyer, for Respondent.

Judgement

JUDGMENT : - This is an appeal from the order of the learned Master in Application No.1056 of 1954 in O.P. No.374 of 1952.

2. The facts are : On 5-4-1937 Kanniappa Mudaliar executed his last will and testament. This Kanniappa Mudaliar had two daughters by name Rukmani Ammal and Thillainayagi Ammal. Thillai- nayagi Ammal is the respondent before us in this appeal. Under this will which has been filed in O.P. No.87 of 1954 and sent for by me and looked into in open Court, this Kanniappa Mudaliar has bequeathed his self-acquired properties in moieties with absolute rights to his aforesaid two daughters.

There is no dispute that subsequent to the death of Kanniappa Mudaliar and shortly after the execution of the will his daughters have been enjoying the properties bequeathed to them in moieties. Rukmani Ammal died sometime ago surviving her, her only son by name Santhana Mudali. This Santhana Mudali died on 18-12-1950. Before his death he had executed his last will and testament on 14-12-1950 under which he has bequeathed the properties got by him from his mother to Saradambal.

This Saradambal has obtained a probate in O.P. No.374 of 1952 on the will being proved in the common fo


















































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