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1900 DIGILAW 130 (MAD)

Ramamitham v. Ranganathan

1900-11-14

BODDAM, SHEPHARD

body1900
JUDGMENT 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 testators 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.