Varadachariar, J.

1. This appeal arises out of a suit for partition of the estate of one Subbaraya Mudaliar, who died in December, 1927. The minor plaintiffs are the sons of Subbarayas third wife. The first defendant is the son of his first wife and defendants 2 and 3 are the sons of his second wife Subbaraya executed a will (Ex. I) on 17th October, 1927, whereby he disposed of all the properties, movable and immovable which he then had, partly in favour of the plaintiffs and partly in favour of the defendants. It is sufficient to say that he allotted to the plaintiffs a house and Rs. 6,000 in cash. The plaintiffs advisers apparently felt that there was an unequal division of the estate and thought fit to institute this suit for partition on the footing that all the properties in Subbarayas possession were joint family properties and that the will was accordingly invalid. The learned Subordinate Judge has upheld the contention of the plaintiffs and decreed a general partition. Hence this appeal by the defendants.

2. A point was taken before the lower Court that Ex. I was not duly executed by Subbaraya. This formed the subject of the 2nd issue; the learned Subordinate Judge ha