SALAKSHI AMMAL Vs. DORAIMANIKKA NADAN

JUDGEMENT

(1.) This appeal arises out of a suit which relates to the trusteeship of a charity founded under the will of one Sappanimuthu Nadan who died leaving two sons. The material portion of the will so far as it relates to the trust properties runs as follows: The lands mentioned herein as relating to the said charities should not in any way be alienated by the abovementioned two persons or their heirs by means of sale, otti, hypothecation, security, partition, etc., but they should enjoy them hereditarily and conduct the abovementioned charities.

(2.) After the death of the testator his two sons were conducting the charities. One of the sons died leaving a minor son who died leaving the plaintiff, his mother as his heir. This suit is filed by the plaintiff who was the widow of one. of the deceased sons and whose right is as mother of her son for a declaration that she is jointly entitled as trustee to conduct the management of these properties.

(3.) The defence is that on the death of her son the 1 defend-ant, who was the only male member of the undivided family, was entitled to the office and that plaintiff has no right to succession.