R SURYANARAYANARAO DIED Vs. SUNKARA RAJESHWARI

JUDGEMENT

(1.) This is an appeal against a direction in the final decree in a suit for administration, O.S. No. 17 of 1939, that an extent of ac. 9-97 cents belonging to the testator, Rupakula Venkatappaiah, shall be delivered to the trustees of Kanakadurga temple, Vijayawada.

(2.) The facts relevant for purposes of this appeal are these: One Rupakula Venkatappaiah executed a will in respect of his properties on 17-4-1939 and died the next day. Under the will he gave many legacies and made his son, Rupakula Suryanarayana, a residuary legatee. He appointed his son and two others Apparao and Mohana Rao, sons of one Balabhadrapat-runi Venkatappaiah as his executors. One of the bequests he made, which is relevant for purposes of this appeal was as follows:

(3.) After contest a preliminary decree was passed on 30-8-1948 providing inter alia that an account be taken of the assets left behind by Rupakula Venkatappaiah at the time of his death, that an account be taken of the assets due to the plaintiff and all other creditors and legatees of the deceased Rupakula Venkatappaiah, that an account be taken of the funeral and testamentary expenses of the said deceased Rupakula Venkatappayya, that enquiries be made with regard to the liabilities of the said Rupakula Venkatappayya by publication of notices in the Fort St. George Gazettee etc., that the estate of the late Rupaknla Venkalappayya after discharging the funeral expanses and testamentary expenses and his other lawful liabilities be applied in pursuance of the provisions made in his will Exhibit A and for discharging the said liabilities, properties other than those which are subjected to specific bequests in the will be sold first as far as possible so that specific bequests be given effect to, etc. The other provisions are not necessary for purposes of this appeal. Suffice it to state that one Sri T.V. Subrahmanyam, interim Administrator already appointed in the suit was appointed Receiver. The suit stood posted to 1-3-1949 for passing the final decree.