C SOUNDARA RAJAN Vs. CMNATARAJAN

JUDGEMENT

(1.) The questions which arise for decision on this appeal relate to the construction and validity of the provisions of a will dated April 27, 1897, and made hy a Hindu G. Ratna Mudaliar, who died in 1904. He left a widow and three daughters. One of these daughters, Yesodammall, died in 1907 : another, Rajammal, in 1908; and the third Nilayathatchi Ammal, in 1918. Yesodammall had four children, as to three of them, two sons and a daughter, born belore the death of the testator in 1904, and as to one of them, born afterwards in 1907. Rajammal, the second daughter, had had a son Tirugnansambandam, who was born in 1907. This child was constituted a ward of Court in 1910. Nilayathatehi Ammal, the third daughter, had six children, three sons and three daughters, all born after 1904. Of these various families the three sons of the third daughter were plaintiffs in the suit and are appellants today, The others were defendants and are now respondents.

(2.) It will be convenient first of all to set out the material portion's of the will:- I give devise and bequeath all ray estate and effects immoveable and move-able unto my trustees upon trust that my trustees shall sell, call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the proceeds of such gale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and shall stand possessed of the residue of such proceeds upon trust to set apart thereout and invest in promissory note of the Government of India such a sum or sums of money as when so invested as aforesaid will produce by the income thereof a monthly sum of rupees one hundred and to pay such income monthly to my wife C. Andalammal during her life and from and after her decease to stand possessed of the said sum and the investments for the time being representing the same Upon the Trusts hereinafter declared concerning the residue of my estate. And as to the residue of my estate I direct that my trustees shall at their discretion invest the same in any of the modes of investment in which trustees are by law authorised to invest trust funds and shall stand possessed of the said residuary trust monies and the investments for the time being representing same (hereinafter called " the residuary trust funds "), In Trust to apportion the residuary trust funds into as many equal parts or shares as there may be daughters of mine living at the time of my decease or who having predeceased me shall have left issue her or thorn and me surviving and to pay the income of each of such equal parts of shares to my said daughters respectively during their respective lives. And from and after the decease of each of my said daughters to stand possessed of the share of the residuary trust funds so appropriated as aforesaid to such daughter Upon Trust for all the children of such daughter who shall attain the age of twenty-one years in equal shares and if there shall be only one such child the whole to be in trust for that one child and in the event of any of my said daughters dying without leaving lawful issue for or them surviving I direct that my trustees shall stand possessed of the share or shares so appropriated to her or them as aforesaid Upon Trust for all the children of the other or others of my said daughters who shall attain the age of twenty-one years as tenants- in-common in equal shares per stirpes. Provided always and I hereby declare that if any daughter of mine shall die in my lifetime leaving lawful issue at the time of my death such issue as shall attain the age of twenty-one years shall take and if more than one as tenants-in-common in equal shares per stirpes the share which would have been so appropriated as aforesaid to such daughter of mine and her issue if she had survived me.

(3.) The suit was instituted in the High Court of Madras for a due construction of the will and for administration. The plaintiffs, the present appellants, were, as already stated, grandsons of the testator and children of his third daughter. Their case is that they, along with the sons of the other two daughters, are entitled to succeed to the testator's residuary estate subject to an annuity to the widow and to mere life estates given to the three daughters, who are all now dead. For they contend that the trusts in favour of grandchildren, following in the will on those for the daughters for life, are void by the law of India. The case of the respondents, on the other band, is that the trusts introduced in favour of grandchildren were validly created by the will, or alternatively, that the three daughters of the testator in the result took his residue absolutely.