JUDGMENT :

This appeal arises from the judgment and decree dated 15.9.2012 passed by the II Additional District Court, Ernakulam, in O.S.No.27 of 2011. The proceedings were initiated under Section 276 of the Indian Succession Act 1925. The defendants resisted the original petition denying the execution of the Will, and thus, the proceedings were converted into a suit invoking Section 295 of the Indian Succession Act. The dispute in this matter centres around the existence, execution and validity of a Will stated to have been executed by Valliyamma @ O.K.Valliyammal.

The relevant pleadings

Plaintiffs

2. Smt.Valliyamma died on 16.8.2010. Her husband Sri.A.Thankappan pre-deceased her. His date of death is 20.12.1988. Late O.K.Valliyammal was a Confidential Assistant in the Judicial Department. She settled at Cheranelloor. While residing there, on 3.6.2010 she executed a Will. It was attested by Sri.T.A.Thomas and M.Elayaperumal. The plaintiffs are the legatees under the Will. Late Valliyamma executed the Will voluntarily with her own free will. As per the Will, she appointed plaintiff No.1 as the executor of the Will. Defendants

3. The late Smt.O.K.Valliyammal did not execute a Will as