JUDGMENT :- One Mariakannammal, an Indian Christian had two sons and no daughters, of whom her first son Xavier predeceased her leaving behind him two sons and a son Joseph had no male issues and had only two daughters. She executed a will on 10-8-1941. Thereafter, after making certain changes, she executed another will dated 20-10-1949. In 1954, she executed a codicil dated 15-8-1954 to the said will. Again on 22-12-1958 she executed another will, the registration copy of which is marked as Ex. A1. On 17-7-1959 she made a codicil, the registration copy of which has been marked as Ex.A2.

2. According to the respondents, confirming the said will and codicil, she executed two settlement deeds marked as Exs. A5 and A6 in favour of Joseph Catherine giving immediate effect to the legacy provided to her under the will. She also executed another settlement deed dated 10-10-1966, marked as Ex. A7. According to the respondents, the will and the codicil executed on 22-12-1958 and 17-7-1959 had been referred to in the above said settlement deeds. She died on 25-3-1967. So, the will came into effect from the said date. After complying with the estate duty formalities, the respondents filed a pe

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