A testator must have testamentary capacity at the time of executing a will, and a court has jurisdiction to grant letters of administration in a matter if the deceased person's property is located within its jurisdiction.

( 1 ) THIS is an application on behalf of Bratindra Nath Dey, a grandson of the deceased testator for the grant of letters of Administration to the estate of the deceased. The testator Triguna Charan Dey also known as Joy Chandra Dey died on the 27th of October 1959 at his residence at Dey Para in Chinsura in the district of Hooghly leaving the following persons as his legal heirs and near relations: - (A) Sm. Sorojinibala Dassi, widow (b) Sri madhusudan Dey, son (c) Sm. Bala Singh, Daughter (d) " Parbati Bala Addya, Daughter (e) " Lalitabala Dassi, widow of a predeceased son Debi Charan Dey who died on 15. 2. 57. (f) Sri Nirod Baran Dey, grandson of the testator through the said Debi Charan Dey and who died unmarried on 16. 7. 60. (g) Sri Sukumar Chandra dey, son of the said Debi Charan Dey. (i) Sri Golok Behari Dey, minor son of the said Debi Charan Dey. The said testator executed his will on August 8, 1950 at his residence in Chinsura. The present applicant is the son of Madhusudan Dey, who made this present application on 30th April 1966. The said Sukumar Chandra Dey has lodged caveat and is contesting the present application. The following issues have been settled: -1. Did the testator have the testamentary capacity at the time of execution of the Will?2. Has the Court jurisdiction to grant Letters of Administration in this matter?3. WHAT relief is the petitioner entitled to? (After discussing the evidence in paras 2 to 4 the judgment proceeded:)

( 2 ) NOW, taking into consideration the facts and the surrounding circumstances it appears to me that the testator was an unhappy man on account of the fact that his two and one daughter were not normal. The daughter, who had committed suicide must have developed insanity after her marriage, otherwise she would not have been married at all. Be that as it may, there is nothing to show that in August 1950 the testator's physical and mental conditions were such that he was not in a position to understand the contents of the Will. On the contrary the evidence of the doctor is that he was in a position to understand things. Relying on Bhojraj v. Sita Ram AIR 1936 PC 60, it has been argued by Mr. Ghosh, Counsel for the respondent, this admission should be relied upon in the context of other evidence. But there is no evidence on behalf of the respondent or any witness that the testator had no capacity to understand things in August 1950. The signature in the Will has not been challenged at all. The name was signed by the testator in a clear legible way. Dr. Chatterjee has admitted that there was lapse of sanity and insanity occasionally. The Will written statement executed in August 1950 and the testator died in 1959. It is not the case of the respondent that during the period between 1950 and 1959 he was insane continuously. Assuming that he was suffering from insanity in 1950, there is no evidence showing that during long nine years he discussed the Will or wanted to change it. His wife has been carefully preserving the said will. If the will would have been unnatural or if the will would have been concocted or if the will would have been executed under some conspiracy, collusion or undue influence, his widow after the death could have destroyed it. As a Hindu widow she would have expressed her views that it was not her husband's intention to give effect to the provisions of the Will. It is true that she as executrix did not apply for grant of the probate, but it should be remembered that the testator died on 27th October, 1959 and she died on 26th August 1961. It is quite possible as suggested by Counsel for the petitioner, that she did not take the trouble of taking steps to pay the Estate Duty during the year of mourning. Her decision to preserve the Will shows that she did not consider the Will to have been executed by the testator involuntarily, nor she wanted to have the administration of the estate disturbed during her lifetime. The normal condition of the test