A. Hariprasad, J.

1. This second appeal raises an important question regarding the application of Section 67 of the Indian Succession Act, 1925 (in short, "the Act") in respect of a Will said to have been executed in favour of the appellant, who is the 1st defendant in a suit for partition.

2. The substantial questions of law arising for consideration are thus :

(i). Is the interpretation placed on Section 67 of the Indian Succession Act, 1925 by the lower appellate court legal and proper?

(ii). Has not the scribe of Ext.A2 attested the Will with necessary animus?

3. Heard the learned Senior Counsel appearing for the appellant. I have carefully perused the impugned judgments and the disputed Will, viz., Ext.A2.

4. Plaintiffs and defendants are sisters. Their father Paily died on 17.10.2005 and mother Saramma died on 17.12.2007. Parties are Christians governed by the Act. Plaint schedule properties belonged to deceased Paily. He executed a Will in respect of the properties in the year 1986, which is marked as Ext.A1. On the death of Paily, the properties devolved on his wife as per Ext.A1 Will. Saramma died intestate and after her death, the properties devolved on the plaintiffs