ACHI THAYAR AMMAL Vs. BALKIS NACHIAL

JUDGEMENT

(1.) This is an appeal from a decision of the Court of appeal of the Supreme Court of the Straits Settlement at Singapore, dated 27 June 1928, dismissing an appeal by the appellants from a decision of Deane, J:, as Judge of first instance, dated 4 February 1928.

(2.) The subject matter of the suit arises out of the administration of the estate of Ahna Mohammad Hussein, who died on 24 January 1901, and under whose will the plaintiff-respondent, a daughter of the testator, was specific legatee of an undivided one-third share in six houses in Singapore. The executor of the will was a brother of the testator, Ahna Mohammed Tamby, who died in 1912. The first-named appellant was the widow of the executor and was the person to whom, as the result of a sale by public auction, the six houses were assigned by the executor in the year 1908, and the remaining appellants are assignees from her of three of the houses. Since the present appeal was taken the first-named appellant has died and no one has been substituted in her place as appellant.

(3.) The provisions of the will in favour of the respondent are contained in the codicil and are as follows : "From the title-deeds I have in my possession my said executors shall execute a transfer o? the title-deeds of six houses, viz., three houses, 237, 238 and 239, Victoria Street, and three houses, 62, 63 and 64, Sultan Road, to my three daughters, viz. (1) Nema Mohamed Nichial; (2) Jainab Ganyy, and (3) Balkis Nachial .... My executor shall after executing the transfer keep the title deeds with him for twenty (20) years and collect the rent of the said houses and add the same to the general fund. As described in my last will, my executor shall pay each of my heirs his or her expenses and after the lapse of twenty years he shall give the title-deeds to the respective heirs."