The plaintiff who failed in both the Courts below is the appellant. He, in his capacity as an executor appointed by one Kuppuswami under his will, dated 9th May, 1948, brought the suit for redemption of an usufructuary mortgage, dated 13th February, 1958, executed by the testator and his sons, defendants 10 and 12. The suit was resisted by the 8th defendant on the ground that he purchased the equity of redemption from the sons of the testator and also the nth defendant, the son of the 10th defendant, and redeemed the mortgage. By the will, the testator gave a third share to each of his two sons and the remaining one-third share to his three daughters. On 4th May, 1944, the 10th defendant and his son sold to the 8th defendant a half-share in the property covered by the othi. By another sale deed, dated 13th June, 1949, the 12th defendant, the other son of Kuppuswami, sold his half share to the 13th defendant, from whom the 8th defendant also purchased that half. The plaintiff's case was that Kuppuswami having got the property covered by the othi under a settlement by his mother's sister on 3rd September, 1912 he was competent to execute a will in respect of it, as the proper