Supreme Court of India · 1961-02-23
N. KASTURI vs D. PONNAMMAL AND OTHERS.
- Citation / case number
- SC 1956/44
- Court
- Supreme Court of India
- Petitioner
- N. KASTURI
- Respondent
- D. PONNAMMAL AND OTHERS.
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court interpreted a will executed by a childless testator, which included provisions for adoption and the distribution of property. The Court held that Clause 12 of the will was intended to operate at the time of the testator's death, and K's rights were contingent upon adoption by the widow, which did not occur. The Court emphasized that the intention of the testator must be ascertained by construing the will as a whole, and the postponement of vesting and potential intestacy are permissible under law. The appeal was dismissed, affirming the lower court's decision.