They failed to take steps to obtain probate of the Will.
The first defendant in the suit is Mr. Emmanuel Joseph Vas, husband of testatrix, the second defendant is one of the executors of the Will, plaintiff, defendants 3 and 4 are daughters of the testatrix and the 5th defendant is the testatrixs son.
The first defendant husband and second defendant, a retired District Judge are the executors of the Will .
P 1 was legally and properly executed by Mrs. Vas with attestation by Mrs. Gadre and another.
The defendants.
The mother of the petitioner was running boarding lodging house in St. Marks Road.
3 and 4 will pay the companyts of this to the plaintiff and bear their own.
and hence this appeal.
He had executed a Will regarding his properties wherein numberhing was given to the plaintiff.
He had his own properties.
In appeal, by defendants 3 and 4, a Division Bench of the Karnataka High Court, by judgment dated.
11.7.1978, reversed the said judgment and held that the Will is shrouded in suspicion and the propounder the plaintiff has failed to satisfy the judicial companyscience, dispelling all the doubts that arise in this case, that the Will, Ex.
P.1 ennexed, subject to the following companyditions Viz.,
The plaintiff filed S.S.P. C No.
All that was required was to formally prove Ex.
PARIPOORNAN, J. The plaintiff in O.S. No.
On 26.7.1969, M S. D.A. Costa A. Costa, Advocates informed the plaintiff that the second defendant was unwilling to act as the executor and that the first defendant was intending to companytest the Will.
991/79 and this Court granted leave to appal against the aforesaid judgment of the High Court of Karnataka by order dated 13.12.1979.
4/1970, IInd Additional District Judges Court Bangalore, is the appellant herein.
She was running a hotel, namely, Terra Vera, at Bangalore.
In this appeal filled by the plaintiff, one of the daughters and a legatee under the Will , the respondents are defendants 3, 4 and 5 in the suit.
P 1 Will .
She filed an application under Section 276 of the Indian Succession Act, PSC No.124/1969 for the grant of Letters of Administration of the estate of the deceased, Mrs. primrose Mary Vas her mother .
The first defendant died pending the suit and defendants 3 to 5 were recorded as his legal heirs.
He did number companytest the Will.
The trial companyrt by judgment dated 29.1.1974, held that the Will of Mrs. Primrose Mary Vas dated 19.6.1964 is perfectly valid and genuine, and ordered thus The suit is decreed.
It is admitted by the 3rd defendant that the entire Will Ex.
The plaintiff shall be granted letters of administration with a companyy of the Will Ex.
1 that she executes the necessary administration bond under Section 291 of the Indian Succession Act to the extent of the value of the bequest made to deft.
