( 1 ) THIS probate appeal is by the heirs and legal representatives of the deceased-defendant No. 1 and against the grant of probate in respect of a holograph Will written in English executed by the testator Narendranath Banerjee on 9th October, 1982.

( 2 ) THE facts relevant for the present purpose are that the testator executed the said Will while he was aged more or less 97 years. He died on 11th October, 1984 i. e after 2 years of his execution of the said holograph Will. The plaintiff-respondent was appointed as the executor to the said Will who propounded the Will for the grant of probate

( 3 ) ADMITTEDLY the testator died leaving behind him two sons and four married daughters who were all cited in the probate proceeding. One of the sons of the testator, the defendant No 1, contested the grant while one of the married daughters namely Gita Mukherjee supported the case of the plaintiff, the propounder All other defendants did not contest the proceeding.

( 4 ) THE propounder is the husband of one Sm Arati Mukherjee The testator by the said Will has made a bequest of the flat of premises No. 38/1 -B, gariahat Road, Calcutta situated at North West in t