R. K. ABICHANDANI, J.

( 1 ) THE appellants challenge the judgment and order dated 25-11-1978 passed by the City Civil Court, Ahmedabad, granting probate of the Will, Exh. 77, dated 1-5-1967, executed by Bai Chandan, daughter of Patel somnath Bhudardas, and widow of Badrinarayan Jamnadas, to the executors of the will, who were the original respondent Nos. 1, 2 and 3 in this appeal. During the pendency of this appeal, the appellant No. 2, Shardaben, who was the other widow of Badrinarayan, died, and as per the Courts order dated 25-6-1987, passed on Civil application No. 1799 of 1986, her son Janardan, the appellant No. 1 was also shown as her heir. The original respondent No. 1, Sheth Ambalal Himatlal, the original respondent No. 3, Kesuprasad Motilal Jani, have also died during the pendency of the appeal, and as per the order made in Civil Application No. 3926 of 1994 on 27- 9-1994, the respondents No. 1/1 Shri A. K. Trivedi; 1/2 Shri Anand Chandrakant, and 1/3 Shri Thakorbhai, were brought on record as the newly appointed "trustees", as per the terms of the Will. The appellant No. 1, Janardan Badrinarayan Patel was the step-son of the testatrix, and the respondent No. 4, Manoramabe

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