Kumaraswami Sastri, J.

1. This is a suit by the plaintiff for a declaration that the deed of trust executed by her on the 11th March 1920 in favour of the defendants was obtained by fraud and misrepresentation and is inoperative, for setting aside the trust deed on the ground that she was not competent to create the trust, for possession of the suit house and mesne profits. The plaintiff died pending suit leaving a will and the executor under the will has been brought on record.

2. One Venkatarama Mudali, the husband of the plaintiff, who was the last male holder of the property mentioned in the plaint, died on the 1st October 1891 leaving the plaintiff his widow and two daughters Rathnakshi and Ponnammal. He left a will dated the 12th July 1889 as to the genuineness of which there is no dispute as both parties rely on that will in support of their case. " The will after setting out the title of the testator to the property proceeds as follows:

Therefore, after my lifetime, my elder daughter Rathnakshi Ammal, wife of the deceased Duraisamy Mudaliar of Adambakkam, shall take into her possession the aforesaid immovable property and the other moveables and after meeting the expan