Kumaraswami Sastri, J.

1. This is a suit by the plaintiff who is the widow and legal representative of one Goverdhanadoss against the defendant, her deceased husbands brother, for a declaration that the plaintiffs husband and the defendant ware members of a divided family, that the plaintiffs husband was entitled to a half share on all the properties devised under the will of his father and that the plaintiff is entitled to a half share in the properties, which were decreed to the plaintiffs husband and the defendant, in C.S. No. 163 of 1917 for partition and delivery to the plaintiff of her share and in the alternative for maintenance at Rs. 500 a month and arrears.

2. One Raghunathadoss, who was the father of the plaintiffs husband and the defendant, was carrying on a large business, as a jewel merchant. He died about the 20th of October 1903, leaving behind him, the plaintiffs husband and the defendant, his sons. Ha left a will, dated the 19th of October, 1903, which is probatad and which I shall refer to later on. The will directs the executors, after payment of certain legacies, to hand over the residue of the estate to the plaintiffs husband, when he attains the age of