N SUBRAMANIA, PILLAI Vs. A DRAVIYASUNDARAM PILLAI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Madras dated 24th January 1945, reversing a decree dated 25 August 1943, of the District Judge of Tinnevelly which affirmed a judgment and decree dated 26 September 1942, of the Subordinate Judge of Tuticorin.

(2.) On 29 April 1934, one Kanakasabapathi Pillai (hereinafter called "the testator"), made a will whereby he appointed the appellant and the respondent executors to carry out the trusts of the will.

(3.) The testator was murdered on 13 August 1940, and disputes at once arose between the appellant, who was his nephew and heir, and the respondent, who was the brother of his second wife, as to the effect and validity of the will.