T.C. Raghavan, J.

There are four wills in this litigation, Exts. D-9 and D-10 executed by a Christian by name Porinchu jointly with his wife Annamma, Ext D-9 on 21st June 1950 and Ext. D-10 on 23rd September 1952, and Exts. D-11 and D-12 executed by Porinchu alone after Annamma's death, Ext. D-11 on 12th January 1960 and Ext. D-12 on 5th January 1962. Porinchu had eight children, three daughters and five sons, and the property left by him was an extent of 26 cents of land with seven or eight buildings thereon. The second of the sons filed a suit for partition claiming that the property was acquired by the eldest son, now deceased, with the help of all the members of the family, so that the property was joint property and was liable to be partitioned among the children of Porinchu and Annamma equally. The fourth of the sons, the fifth defendant in the suit, filed an application for letters of administration of Ext. D-11; and the last on, the last of the children, the sixth defendant, filed another application for letters of administration of Ext. D-12. The District Judge held that Exts. D-9 and D-10 were mutual wills, of which Ext. D-10, being the last will, was the will to b