Chennai Court May 1987 Judgments

Sivakamisundaram Pillai Vs. Minor Navaneethakrishnan Through His Mothe ...

Court: Chennai

Reported in: (1988)2MLJ506

Sengottuvelan, J.1. The interesting questions of law that arise for decision in the second appeal are as follows:1. Whether the subsequent bequest conditional on the happening of a specified uncertain event takes effect only if such event happens during the life-time of the testator?2. Whether a bequest made to a person who was not in existence at the time of the testator's death, subject to a prior bequest contained in the will, is void unless it comprises the whole of the remaining interest of the testator in the thing bequeathed?2. The facts of the case are briefly as follows: The properties described in the first schedule to the plaint belonged originally to one Sivakami Ammal, the paternal grandmother of the appellant. Sivakami Ammal died on 4.1.1968 leaving behind her two grandsons Sivakamisundaram Pillai the appellant, and Maruthanayagam the father of the respondent, through his son Navaneethakrishnan. Originally she executed a registered will dated 9.12.1960 whereby she bequeat...