MADHAVA RAO ALIAS CHINNAKANNAN MINOR BY HIS MOTHER AND NEXTFRIEND SIRONMANI AMMAL Vs. ADMINISTRATOR-GENERAL OF MADRAS

JUDGEMENT

(1.) The originating summons is taken out for the purpose of construing the will of the late C. Manicka Mudaliar who died on 19 January, 1936, having made his last will and testament on 22nd January, 1935. He left two widows, by the senior widow one son, who is the second defendant, and by the junior widow two sons, the third defendant and the plaintiff. The Administrator-General of Madras is now administering the estate and is the first defendant.

(2.) The matter for decision is whether a gift in favour of the plaintiff of a sum of Rs. 12,000 was specific or demonstrative and if specific, whether it has been adeemed. To help to answer the problems to be considered one must ascertain, as far as one can, what the intention of the testator was, as expressed in his will.

(3.) In regard to the second and third defendants, he gave to each of them a large and a small house in Madras and lands in the mofussil. To the plaintiff he gave specifically a small house in Madras and lands in the mofussil. The will then provides as follows: Further there is a sum of Rs. 14,000 in fixed deposit in my name in the Indian Bank, Madras, out of that amount I have given Rs. 12,000 to this son. With that sum of Rs. 12,000, my executors shall as early as possible purchase a house of the value of about Rs. 12,000 in Madras.