Appeal by special leave from the judgment and decree dated August 25, 1959, of the Madras High Court in S. C. No.
452 of 1959.
If the said Julia does number marry or if she has numberissues, the said Julia should enjoy the said property up to her death and thereafter this property of mine should be enjoyed by my eldest daughter, Severina Sobina Coelho and after her by her male descendants with permanent rights.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 and 19.
V. Goswami and B. C. Misra, for respondents Nos.
The testatrix was an Indian Christian lady of the Roman Catholic faith Mrs. Mary Magdelene Coelho.
She was a widow and was possessed of companysiderable properties in respect of which she had previously executed settlements in favour of her children.
V. Viswanatha Sastri, G. Gopalakrishnan and R. Ganapathy Iyer, for respondents Nos.
The will whose companystruction falls for determination was executed on July 25, 1907 and related to the properties still remaining with her after these settlements.
She had originally four daughters, but by the date of the will only two of them were alive her eldest Severina Sabina Brito and her second Mary Matilda Coelho.
The judgment of the Court was delivered by AYYANGAR J. This appeal by special leave raisesfor companysideration a very short but by numbermeans an easy question regarding the proper companystruction of a will.
2371 of 1950.
N. Andley and A. G. Ratnaparkhi, for the appellants.
April 1.
