Sengupta, J

1. This is an appeal against the judgment and order dated 14th August, 1985 granting probate of a testamentary instrument of one lady called Sirtarjee Thakurani, which is described to be the last will and testament.

2. The application for grant of probate was originally contested. By this instrument the lady has appointed the propounder as the sole executor as well as the sole beneficiary. This application was contested originally by the predecessor-in-interest and husband of Sulka Devi and minor daughter Kumari Parbati Devi of Late Shyam Narayan Singh. Hriday Narayan Singh and Shyam Narayan Singh both were brothers. On the death of said Shyam Narayan Singh, the appellants were substituted and they continued with the contest.

3. In order to prove the execution and attestation of the said will as well as the testamentary capacity, the propounder examined three witnesses which included himself and one of the attesting witnesses and also the draftsman of the will; while the defendants examined one of the defendants, viz., defendant No. 1 and other witnesses.

4. The learned Trial Judge while considering the pleading, has framed six issues, out of which, the lear