GURUSAMI PILLAI Vs. SIVAKAMI AMMAL

JUDGEMENT

(1.) THIS is a family dispute, arising out of the will of Gurunadha Pillai, which was made on the 19fch October 1864. The plaintiff', who is now represented by the appellants, was the testator's elder daughter Pichayi. The principal defendant, now represented by the respondent, was the husband of the testator's younger daughter Sinnattal.

(2.) BY his will the testator states that he is dangerously ill, and has no male issue, but has two daughters, Pichayi, aged seven years, and Sinnattal, aged three, born of his fourth wife Sivagangai; and that by means of this will he has given away his estate, which he describes, to the said two daughters. Then occur the following sentences:

(3.) IF in so doing there should be disagreement between them, the income thereof minus the just expenses, shall be enjoyed by them both in equal shares. If both the said daughters have issue, they shall divide the said properties equally. Those who have no issue shall as aforesaid enjoy the income for their lives, and those who have issue shall enjoy the whole property. Till then the miras shall continue in my name. In case your mother and you disagree and live separately you shall pay 21 kalams of paddy and 7 rupees a year for her maintenance.