T.S. Krishnamoorthy Iyer, J.

1. These are appeals filed against the decision of Raghavan, J. disposing of three Original Petitions which relate to the estate left behind by one A. A. D. Luiz, a Roman Catholic Anglo Indian Christian who died on 27-12-1962 at Ernakulam.

The Original Petitions are:

(1) O. P. 1479 of 1963 filed by Mrs. Dorothy Luiz (Nee McLeod) claiming herself to be the widow of the deceased for the grant to her of letters of administration of the deceased's estate on the ground that A. A. D. Luiz died intestate.

(2) O. P. 705 of 1964 filed by Dr. M. V. Francis Chithalan for the grant of probate of the will Ex. P 1 dated 26-12-1961 alleged to have been executed by the deceased, claiming himself to be the executor therein.

(3) O. P. 826 of 1964 filed by C. Ammu Amma for the grant of probate of the will Ex. D 1 dated 2-12-1960 alleged to have been executed by the deceased, claiming herself to be the executrix therein.

All the original petitions were tried jointly and disposed of by a common judgment. Common evidence for all the petitions was recorded in O. P. 705 of 1964. The learned Judge holding Ex. D 1 to be genuine and Ex. P 1 not genuine, directed the issue of probate of Ex. D 1 to C Ammu Amma thereby allowing O. P. 826 of 1964. In consequence the learned Judge dismissed original petitions 1479 of 1963 and 705 of 1964.

A. S. 98 of 1966 and A. S. 333 of 1966 arise out of O. P. 705 of 1964. A. S. 98 of 1966 is filed by Dr. M. V. Francis Chithalan the petitioner therein while A. S. 333 of 1966 is filed by Doris Stanley Luiz (wife of S. P. Luiz) one of the beneficiaries under Ex. P 1.

A. S.172 of 1966 arises out of O. P. 826 of 1964 and is filed by the 3rd respondent therein, namely S. P. Luiz.

No appeal is filed by Mrs. Dorothy Luiz against the dismissal of O. P. 1479 of 1963.

2. A. A. D. Luiz (referred to hereafter as Tony) died suddenly of heart failure during the early hours of 27-12-1962 at Pallath House, Ernakulam leaving behind his considerable assets valued by the Collector at Rs. 902676/-. Tony is I the eldest of the three sons of Chevalier Cherupunathil Paul Luiz and Mrs. Mary P. Luiz. Paul Luiz died on 22-11-1937 while Mrs. Mary P. Luiz died on 15-11-1958. The two brothers of Tony are A. W. P. Luiz (referred to hereafter as Alfy) and S. P. Luiz (referred to hereafter as Stanley). S. P. Luiz married Doris Stanley Luiz (referred to hereafter as Doris), in 1940.

Tony married Dorothy Edith Cicilia McLeod (referred to as Dorothy in the rest of the judgment) on the 22nd January 1936. Before her marriage with Tony, Dorothy was studying for her M. A. in the Presidency College, Madras and was residing in the Queen Mary's College Hostel. During her stay in the hostel she came into contact with C. Ammu Amma (referred to hereafter as Ammu) who was also then having her studies in Madras and in course of time they became good friends. Even after her marriage, whenever Dorothy visited Madras in the company of her husband both of them used to call on Ammu. Ammu used to accompany Dorothy and her husband to Coonoor for the season during some years and she stayed with them in Coonoor during the season in 1937, 1938 and 1939. In the course of their stay at Coonor, Tony developed a fancy for Ammu and subsequent to 1939, Tony used to visit Ammu in Madras without taking with him Dorothy. Thereby the relationship between Ammu and Tony became very intimate with the result that a daughter was born to them on 12-10-1942 whom they named Marianna Teresa Luiz, also called Viju, in the Scudder Memorial Hospital, Ranipet where Ammu was admitted for her confinement. In August 1942, Ammu became a Catholic but she continued to retain her old name, Ammu, though as Dw. 1 she deposed that her Christian name is Teresa. In December 1942, Ammu was transferred to the Government Training School at Calicut. Thereafter she was working in some schools for girls in Tirur and in Palghat during the years 1945 to 1951. From 1952 till her retirement