In Brief
A testator executed a will in 1940 providing specific bequests to certain family members while reserving certain properties (Schedule A) to be held in common. The question was whether these properties should be divided equally among all male children of three branches, or 1/3rd to male children of each branch respectively. The Trial Court and High Court held the plaintiff was entitled to 1/3rd share. The Supreme Court affirmed, holding that the testator's clear intention—evident from the will's language and circumstances—was that Schedule A properties be distributed 1/3rd to male children of each of the three family branches. The appellant's contentions were rejected.
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