Judgement

T. L. VENKATARAMA AIYAR, J. : The point for determination in these two appeals is whether one Kesavan Kaimal who was one of three executants of a will dated February 10, 1906 became entitled under that will to the properties, which are the subject-matter of these appeals.

2. The will is a short one, and is as follows :

"Will executed on 28th Makaram 1081 M.E., corresponding to 10th February, 1906 jointly by Kunhan Kaimal, son of Karayamvattath Kathayakkal Kunhu Kutti Amma, Kesavan Kaimal, son of Theyi Amma and Theyi Amma, daughter of Nani Amma of Etathiruthi amsom and Etamuttan desom in Ponnani taluk. We have hereby settled and agreed that all the movable and immovable properties acquired jointly and separately by us till now, and those which we may be so acquiring in future and those which have devolved on us and those which we may yet be obtaining shall be held by us in our possession and under our control dealt with by us as we please till our death and that subsequent to our death, Kalliani Amma s children, Kali and Kunhu Kutty, Thona Amma s children, Parukutty, Kunhunni, Kochu Govindan and Ramar, and the children of the deceased Narayani Amma, namely, Kunhunniri, Kutti