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2007 Supreme(Mad) 2275

R.BANUMATHI, P.K.MISRA
Ms. Josephine Jerome W/o. late S. Eric Jerome & Others – Appellant
Versus
S. Santiago & Another – Respondent


For the Appellants:A.R. Nixon, Advocate. For the Respondents:R. Rajarajan, G. Rajan, Neelakantan, Advocates.

Judgment :-

P.K. Misra, J.

This Appeal is directed against the Judgment in T.O.S.No. 27 of 1997 dated 20.12.2000. Aggrieved over the grant of probate of the Will executed by the testatrix, viz., late Mary Santiago, the Defendants have preferred this Appeal.

2. The parties are related as under: Mary Santiago (died on 210. 1994)

S. Santiago (P.1)

Late S. Eric Jerome Josephine Nirmala Augustin S. Thomas

(died on 26. 95) (P.2)

Josephine Jerome(D.1)

Emanuvel Antony Julith Moses

Sandanaraj (D.3) (D.4)

(D.2)

The case of the Plaintiffs is that Mary Santiago left behind a Will dated 08.07.1994, where under, she had made a bequest granting life estate to her husband-First Plaintiff and absolute estate to the Second Plaintiff, who is the ultimate beneficiary. After the death of Mary Santiago, the Plaintiffs had filed O.P.No. 748/95 for issuance of probate of the Will. The Appellants/Defendants filed caveat and therefore, O.P.No. 748/95 was converted to T.O.S.No. 27/1997 alleging that disposition made under the Will was unnatural disposition. The Plaintiffs sought probate of the Will. The Defendants contested the Suit alleging that the Will is not a true, valid and genuine one and that the Pl






































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