Bardswell, J.

1. The point to be decided is whether the document, Exhibit I, executed by John Joseph Brito on the 18th February, 1913, is to be taken as a will or as a deed of settlement. If it is a will then the appellants, who are his children, are his legal representatives, and their two-thirds share in his properties can be proceeded against in execution of decrees that have been obtained against him by the respondents. If, however, it is a deed of settlement, by which a present estate was conferred upon the appellants during their fathers life-time, then the properties cannot so be proceeded against in execution.

2. The Trial Court held that Exhibit I was a deed of settlement, but on appeal the District Judge of South Kanara held that it was a will, and this finding has been upheld by Curgenven, J., on second appeal. In their view the main purpose for which the document was executed by J. J. Brito was to make arrangements for the disposal of his property after his death. It is pointed out that the wife is to get one-third of the property which is the share which she would receive in the case of an intestacy and that it is the wife who is to divide the properties among th