Sir John Beaumont:-

This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated 26th August 1943, which reversed a judgment and decree of the Court of the Subordinate Judge at Amalapuram, dated 27th September 1940.

[2] On 9th March 1938, respondent 5 as plaintiff brought a suit for partition against his father, defendant 1, his mother, defendant 3 who is respondent 1, and his elder brother, the appellant, defendant 2. On 19th February 1940, whilst the suit was pending, the father died, leaving him surviving, his widow, respondent 1, his two sons, the appellant and respondent 5, and four daughters, respondents 2, 3, 4 and 6. The daughters were brought on record as the legal representatives along with the widow of the deceased.

[3] Four days before his death, namely, on 15th February 1940, defendant 1 (who will hereinafter be referred to as "the testator") made a will which, if valid, affects the shares in which the interest of the testator in the joint family property will be divisible between surviving members of the family. The appellant challenged the fact of the execution of the will and alleged, in the alternative, that the testator was not of tes