M. Thanikachalam, J.

The plaintiff seeks probate of the Will dated 11.9.1990 said to have been executed by the deceased Dr. F.D. Wilson, who died on 15.8.1992.

2. Plaintiff's case in brief:

(a) Dr. F.D. Wilson married the second defendant on 23.4.1947. However, their marriage life was not happy resulting in judicial separation as per the order dated 19.4.1950 in O.S.No.11 of 1949, which was confirmed in appeal also. The first defendant is the daughter of Dr. F.D. Wilson, through the second defendant. Because of the judicial separation, which was confirmed, resulting in divorce, the defendants are not the legal heirs of the deceased Dr. F.D. Wilson. However, they have filed caveats and therefore, they have been shown as defendants.

(b) Dr. F.D. Wilson, while he was in a disposing state of mind, duly executed a Will at Madras on 11.9.1990, in the presence of two witnesses by name K. Chandrasekaran and M.R. Mani, which has been registered on 13.9.1990 at the office of the Sub-Registrar, Alandur as Document No.70 of 1990. Under the Will, the plaintiff, who is the nephew of the deceased is named as the sole executor and no other person has been appointed as co-executor, either E