An executory devise in a will, which is a gift-over of property to a third party upon the occurrence of a specified event, is valid and enforceable if it is not opposed to any rule of law.

JUDGMENT: The points for determination in this second appeal relate to the nature of the interest bequeathed to Shanmugathammal, the deceased wife of the plaintiff-appellant, under the will, Ex. A-1, executed by her father Velayutha Konar, on 11-2-1924. Velayutha Konar died in 1927, leaving him surviving his widow, Chellathammal, and three daughters, Arumugathammal, Subbammal and Shanmugathammal.

Chellathammal was the step-mother of the daughters. Under the will, he divided his properties into three separate shares, describing them in schedules 1, 2 and 3 appended to the will. He bequeathed the properties in schedule 1 to his first daughter, Arumugathammal, those in schedule 2 to his second daughter, Subbammal and those in schedule 3 to the third daughter, Shanmughathammal.

In regard to each of these three daughters, he said in the will that she would hold and enjoy the properties described in the appropriate schedule absolutely and with full powers of alienation. He had to pay about Rs. 250 in 25 monthly instalments of Rs. 10 each towards a, chit which he was subscribing to; and he directed his daughters to pay that chit debt in equal shares.

If any daughter defaulted and if any of the other daughters had on that account to pay more than her proportionate share, he said that such daughter could recover the excess out of the property bequeathed to the daughter who defaulted. He directed the sons-in-law to meet the expenses of the funeral and annual ceremonies of himself and his wife; and then appear in the will the clauses which have given rise to the present controversy.

"If any one of my said three daughters has no issue, she shall till her lifetime enjoy the same without making any distribution whatever thereof, and after the lifetime, the same shall pass on to my other daughters having heirs. If any one without any issue as mentioned above effects any alienation, that will not be valid."

Velayutha, the testator, died in 1927. The will shows that all the three daughters were married on the date of the will. Shanmughathammal, the third daughter, died in 1929. It is admitted that no child was born of her womb. Chellathammal, Velayutha Konars widow, died on 9-1-1943. Schedule 3 which described the property bequeathed to Shanmughathammal consists of an item of wet land and moveable properties in the possession of the testator. There is no evidence as to what happened to the moveable properties after Chellathammals death.

The immoveable property, namely, the item of wet land, was taken possession of by the other two daughters and was in their (or their representatives) possession, when the suit which has given rise to this second appeal was instituted on 5-12-1952. Shanmugathammals husband is the plaintiff. Arumugathammal, the surviving daughter of Velayutha Konar, is the first defendant. Velayutha Konar, the second defendant, is the son of the other daughter, Subbammal.

2. The plaintiff-appellant contends that, under the will, Shanmughathamal took an absolute estate in the immoveable property described in the third schedule, that the property devolved on him on his wifes death and that he became entitled to the possession of the property on the death of Chellathammal in 1943. The defendants contend that, under the will, Shanmughathammal took only a life-estate in the property, or, that in any event the estate conferred on her was subject to the executory devise made in favour of her sisters, which was capable of taking effect; and that the devise did take effect and the sisters became entitled to the property on Shanmughammals death.

3. The learned District Munsif held that Shanmughathammal took an absolute estate and that it passed on her death to her husband, the plaintiff-appellant. In appeal, the learned District Judge held that the bequest in favour of Shanmugathammal was subject to the defeasance clause in favour of her sisters, which took effect and by reason of which the property bequeathed to Shanmugathammal devolved