S. NARAYANA DOSS Vs. ARUMUGATHAMMAL AND ANOTHER

JUDGEMENT

(1.) 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.

(2.) THE plaintiff -appellant contends that, under the will, Shanmughathamal took an absolute estate in the immovable property described in the third schedule, that the property devolved on him on his wife's 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 Shanmughammal's death.

(3.) THE points for determination are, (1) Did Shanmughathammal take a life estate in the property described in schedule 3 to the will, Ex. A. 1? and (2) Is the estate granted to Shanmughathammal under the will Ex. A. 1, subject to an executory devise in favour of her sisters, capable of taking effect on Shanmugathammal dying without issue?