Balanarayana Marar, J.

1. The question that arises in these second appeals is whether the Will executed by 2nd defendant and her husband is a Joint Will or a Mutual Will.

2. Two properties were bequeathed by 2nd defendant and her husband Kuttappu as per Will, dated 21st February 1956, of which one stood in the name of the 1st executant and the other in the name of the 2nd executant. The properties were divided and shown in three schedules and allotted to three children viz. Kochuparu, Meenakshi and Vasudevan respectively. Kuttappu died in 1962. Thereafter 2nd defendant executed a mortgage in favour of 1st defendant in respect of one of the properties (the property which stood in her name) for a consideration of Rs. 15,000. First defendant obtained a decree on the strength of the mortgage in O.S. 269/ 1975 before Sub Court, Ernakulam. The property was proclaimed for sale in execution of the decree. That necessitated the three suits O.S. Nos. 612/1978, 210/1979 and 576/1979 before the Munsiff's Court, Ernakulam by the three legatees. A declaration was sought for that the plaintiff in each of those suits is the absolute owner of the property mentioned therein and that 2nd defend