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1958 Supreme(Cal) 25

RENUPADA MUKHERJEE, B.N.BANERJEE
EARNEST BENTO SOUZA – Appellant
Versus
JOHN FRANCIS SOUZA – Respondent


Advocates Appeared:
Charu Chandra Ganguly, Chittatosh Mookerjee, GOURI MITRA, KALIPADA ROY, LALA HEMANTA KUMAR, Sudhir Kumar Dutta

RENUPADA MUKHERJEE, J.

( 1 ) THE appellant of this appeal is the propounder of the last will and testament said to have been executed by a Goanese Indian Christian woman who instead of being described by her long name may simply, be described as Mrs. D'souza. She was the widow of one Cactano Paul Souza and was domiciled at Asansol where she had been living since 1906 and where she died on the 2nd March, 1953. The will in question bears the date of 8th March, 1952, and it was registered at the subregistry office at Asansol on the llth December 1952. The testatrix left two sons, John Francies Souza and the propounder Earnest Bento Souza, and she also left two daughters, Mrs. Mary Angelica Goves and Mrs. Rosamunda D'silva. The two daughters and the elder son John Francies Souza filed objections to the application for probate of the will, their contention being that the will was not genuine and it was not legally executed and attested and that the testatrix had no sound disposing mind at the date of the will, having been subject to various physical and mental infirmities. It was further contended that the disputed will was secured by the propounder from the testatrix in collusion with


















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