THE OFFG. C.J.—

1. The first defendant in O.S. No. 61 of 1966 on the file of the Subordinate Judge, Chidambaram is the appellant. In order to appreciate the relevant facts in this Letter Patent Appeal a summary of events that took place long ago is necessary.

2. One Sarangapani Pillai married Arumbu Ammal and had a daughter Valliammal by name through her. Sarangapani had a brother Balakrishna by name. Under Ex. A-1, d. 10th February, 1921, Sarangapani executed an unregistered Will conferring a life estate over the suit properties in favour of his wife, Arumbu Ammal and after her death, his properties to be divided equally between his daughter and his brother Balakrishna. The Will also provided for a contingency that if Valliammal died without leaving any issue then Balakrishna would be entitled to the entire properties. After the death of Saragapani Pillai, one of his creditors filed a money suit against Arumbu Ammal, Valliammal and Balakrishna. Balakrishna having been impleaded as a party to that action, he propounded the Will, Ex. A-1. Ultimately, the money suit was dismissed. During the pendency or at or about that time, Arumbu Ammal and her daughter Valliammal filed a