Walter Salis Schwabe, C.J.

1.This is an appeal from a judgment of Kumaraswami Sastry, J. in which he found that a document dated November 10th, 1913, described as a gift-deed was in fact a Will. He found that it was duly executed and declined to go into the question whether certain property which passed under that document had been disposed of between the date of the Will and that of the death of the testatrix. There was ample evidence as to the execution of the document, three witnesses being called who swore that they saw the testatrix affix her mark in their presence. He believed that evidence and I can find no reason for suggesting that that decision is wrong. The question whether the document is a Will or a gift is more difficult. It is contended that it is in effect a deed of gift operating in present and not a Will at all, and that as it is a deed of gift in respect of immoveable property which has not been registered, it is void and has no effect. A Will is defined in Section 3 of the Probate and Administration Act, V of 1881, as, the legal declaration of the intentions of the testator with respect to his property which he desires to be carried into effect after his