High CourtsDivision Bench(1900) 11 MAD CK 0019

Ramamitham and Another vs Ranganathan and Others

Madras High Court · Decided on 14 November 1900 · Citation: (1901) ILR (Mad) 299

HON’BLE JUDGES
Shephard, J · Boddam, J

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Judgment

6 paragraphs · 113 words
1.

The words ""sons and grandsons"" used in the will have, in our opinion, no other effect than the term ''heirs'' would have in an English will.

2.

It is argued that because, according to the English Statute and the Indian Succession Act, a gift to the testator''s child does not lapse on the

legatee dying before the testator, leaving lineal descendants, the same rule must by analogy apply to this case.

3.

We cannot adopt this view. The provision in the Indian Succession Act is an exceptional one made for a certain class of cases only and we have

no power to extend it.

4.

We dismiss the second appeal with costs.