D GNANAMBAL Vs. SREEMATHI MEENAMBAL SUNDARAM

JUDGEMENT

(1.) This is an appeal against the judgment of Chandrasekhara Aiyar, J., in an originating summons converted into a suit.

(2.) One Dr. Doraiswami Pillai died on 26 January, 1930, after having executed a will dated 9 September, 1929. Probate was issued to Nagammal, the widow of the testator and the sole executrix under his will. It is unnecessary to set out the terms of the will in any detail. By paragraph 7 of the will the testator bequeathed the house described as "Meena Lodge", No. 3, Audiappa Mudali Street, Vepery, to his daughter Meenambal Animal for a one-fourth share, the remaining three-fourths share being bequeathed to his sons Ramalingam, Gopa-laswami, Arunachalam and Rathnam and another daughter Gnanambal Animal for their absolute use and benefit. Meenambal is the plaintiff in the suit. Nagammal is the first defendant while Gnanambal, Rathnam, Ramalingam and Gopalaswami are respectively the 2nd, 3rd, 4 and 5 defendants. Arunachalam survived the testator but subsequently died and defendants 6 to 11 are his legal representatives. The first defendant supported the originating summons while the third defendant opposed it.

(3.) The clause in the will bequeathing the house to Meenambal and to the testator's other children is declaredly subject to the limitations specifically mentioned later in the will. These limitations were occasioned by two considerations. At the time of the execution of the will the daughter Meenambal was unmarried and provision had, therefore, to be made for her education, maintenance, etc. Provision had also to be made for the maintenance of the testator's widow, Nagammal. In a desire to make this two-fold provision the testator gave directions in the subsequent sentences in paragraph 7 of the will as to how the property was to be managed and enjoyed. Without setting out these provisions with any particularity it may be stated that there were four contingencies which the testator thought of. The first contemplated the period during which Meenambal may remain unmarried, Nagammal being alive. Another contingency was that Nagammal may die and Meenambal may still remain unmarried. A third possible situation was that Meenambal may get married during the lifetime of Nagammal while the fourth contingency would arise after the death of Nagammal and the marriage of Meenambal.