Leach, C.J.

1. This appeal raises important questions of law, in the first place with regard to the testamentary capacity of Cutchi Memons before the passing of the Cutchi Memons Act, 1938, and in the second place with regard to the validity of a wakf which a Cutchi Memon by his will directed should be endowed by the property forming the residue of his estate. The appeal arises out of two suits filed on the original side of this Court for the administration of the estate of Hajee Sir Ismail Sait, a wealthy Mussalman of the Hanafi sect and a member of the Cutchi Memon community, who died in Bangalore on 24th April 1934. He had eight children, seven of whom survived him, as did their mother. He left a will and a codicil there-to, both of which have been admitted to pro-bate by this Court. On 6th December 1939, two of the testators grandsons, sons of his eldest, son, filed C. S. No. 280 of 1939 for the administration of the estate in accordance with the testamentary directions given by their grandfather. On 16th December 1939, his third son filed C. S. No. 286 of 1939 for the administration of the estate on the basis that the will was invalid. The two suits were tried together