P.K. Misra, J

Original Defendants 1 and 2 have filed this appeal against the judgment and decree of the learned single Judge in T.O.S.No.43 of 1995 granting Letters of Administration of the Will dated 5. 1992. During pendency of the appeal, Appellant No.1 has expired and his legal representatives have been brought on record.

2. Genealogy relevant to the case is as follows :-

Joseph Swaminathan

Rosary (First Wife) Leela Joseph (2ndWife)

1. J. Mathew (D1) 2. J. Damien (D2) 1. Malarkodi 2. Ezhilarasi

3. Jayanthi 4. Isabella

Son Son Daughter Daughter

The Will is purported to be executed by one P. Joseph Swaminathan. Original defendants 1 and 2 are the two sons of said Joseph Swaminathan through first wife. Two daughters were also born through first wife. After the death of first wife, Joseph Swaminathan married Leela Joseph, who filed O.P.No.410 of 1995 for grant of Letters of Administration, which was subsequently on contest converted into T.O.S.No.43 of 1995. Through second wife, deceased had also two daughters. Four daughters, first two born through first wife and the later two born through second wife had filed affidavits supporting grant of probate and such probate pro