S A S RATHNATHAMMAL Vs. MARULANANDAM PILLAI

JUDGEMENT

(1.) The matters argued in this appeal relate to the construction of a will executed by one vakil, B.S. Susai Pillai in favour of his widow and foster-daughter, the latter being the plaintiff. One question is whether on the construction of the will, the testator meant to leave the whole of his property, after the payment of certain legacies, to these two persons or whether he left them merely the property of which he was possessed at the time of writing the will. The other question is whether a bequest simpliciter to these two persons would be a bequest to them jointly or severally. The plaintiff's contention was that Susai Pillai bequeathed under this will the whole of his property and that it was a joint bequest. Both these points were decided against the plaintiff in the lower appellate Court.

(2.) The only passages with which we are concerned are found in paragraph 1 of the will, Ex. P-1, It runs: Without inheriting any ancestral property, I earned all the properties belonging to me as my self-acquisitions. After my lifetime, my wife Thavamani Ammal and my foster daughter Annal Suvakee Ratnarti (plaintiff) should get those properties and enjoy them.

(3.) The word "those" in the second sentence means that the testator is referring to the property mentioned in the first sentence. reterrmg to the property mentioned in the sentence.