VARADARAJA MUDALIAR Vs. NARAYANASAMI MUDALIAR

JUDGEMENT

(1.) Plaintiffs who are the sons of one Munisami Mudaliar sue for a declaration that the bequests to the grandchildren of the said Munisami made by his will dated the 6th August 1898 are invalid, and for a portion of the properties left by him. The plaint sets out that by his will dated the 6th August 1898 the testator directed that his sons and daughters should have no interest in the estate and that the income should be accumulated for the benefit of the testator s grandchildren who were to take all the property, that defendants 2 and 5 obtained, probate of the will and nave been guilty of various acts of mismanagement, that the bequests to the testator s grandchildren are void as they were not in existence when the testator died and that there has been an intestacy which entitles the plaintiffs as the sons of the testator to claim the estate and a partition, thereof between the various heirs of the testator.

(2.) Defendants 1 and 3 filed a written statement praying for the construction of the will of their father and the ascertainment and delivery of their share. Defendants 2 and 5 the executors with probate deny that they undervalued the estate or were guilty of any of the acts set out in the plaint and pray that the will may be construed and the rights of the parties ascertained. The 4th defendant filed a written statement pleading that under the terms of the will there is a valid bequest of house and ground No. 2/60 (item 3 of the plaint schedule) in her favour. That she and her husband acting in accordance with the terms of the will contributed over Rs. 3,000 to the estate and that if the bequest in her favour be held to be invalid then the sum of Rs. 3,000 be returned to her. Defendants 6 to 8 filed no written statements. Defendants 9 to 21 were directed to be made parties as they were the grandchildren of the testator and had an interest in the suit which was to construe the will. The guardian ad litem of defendants 9 to 15 filed a written statement setting up that the bequests were valid and that they had a share in the will. Defendants 16 to 19 by their guardian ad litem filed a written statement stating that their rights should be established if the Court considers the bequests valid. Defendants 20 and 21 filed a written statement in similar terms.

(3.) The following issues were settled I. Is there an intestacy to any and what extent ? II. To what relief are the parties entitled.