K. Abraham Mathew, J.

1. This Regular First Appeal has been filed by the plaintiff, whose prayer to grant probate for the Will allegedly executed by her husband's brother was rejected by the District Court.

2. One Thomman had in his ownership certain properties. He died intestate. Xavier and Antony were his sons and Mary, the 1st defendant, his only daughter. In O.P. 1 of 1962 Xavier obtained a declaration that his brother Antony was of unsound mind and he got himself appointed Antony's guardian. Xavier died on 12.1.1979. Thereafter, by the order in O.P. 403 of 1980 filed by his wife, Tresa (hereinafter referred to as the plaintiff) the District Court appointed her guardian of Antony. The Court did not accept the contention of the 1st defendant Mary's nephew, Peter Thompson (Addl 8th defendant in this case) that his uncle Antony had no mental illness. In M.F.A.32 of 1982 filed by him the High Court set aside the order of the District Court and remanded the O.P. for fresh consideration. When the matter was under consideration of the District Court, the plaintiff in this case abandoned it by filing a statement that the O.P. was not pressed. She filed O.S.112 of 1984 for part