Sir Madhavan Nair.-

This is an appeal from the judgment and order of the High Court of Judicature at Nagpur dated 29th September 1941, which set aside an order of the Additional District Judge of Jubbulpore, dated 20th September 1939.

[2] The appeal arises out of an application made by respondent 1 for the grant of probate of a will (dated 3lst July 1938) executed by one Ganesh Prasad hereinafter referred to as the testator on 1st August 1938, in which he had been appointed as the executor

[3] The testator died on 4th August 1938, and respondent 1, as the executor, applied for probate of the will on 29th August 1939.

[4] The appellant Gomtibai is the widow of the testator. She filed a caveat under S. 284, cl. (4), Succession Act, 1925, on 15th September 1938. In her written statement she denied the testamentary capacity of the testator, alleged that he was "mentally and physically imbecile and infirm," and that the will had been executed under the undue influence of Maheshwarilal, the natural father of the testator, with the help of respondent 1. She added that the testator had no independent advice and even she was in the dark about it. Execution and attestation of the will, which she