Lord du Parcq.-On the 4th April, 1941, one George Harmes died at the Grey Nuns’ Hospital in the city of Regina. Two days later Mr. Hinkson, the respondent to this appeal to His Majesty in Council, brought to the manager of the Canada Permanent Trust Company at its office in Regina a document which purported to be the will of George Harmes. It was dated the 3rd April, 1941, and named the Trust Company as executor.

On the 2nd May, 1941, a petition was presented by the Trust Company, as executor, to the Surrogate Court of the Judicial District of Regina praying that the will might be proved in solemn form. Its validity had been challenged by the next of kin, one of whom, Paul Harmes, is the first named appellant. The others, who lived in Greece, were represented in the ensuing proceedings by the second appellant, the Custodian of Enemy Property.

In due course an order was made directing a trial to determine the validity of the will, and in particular the following issues: (a) the testamentary capacity of the deceased at the time of its execution, (b) its due execution, (c) the knowledge and volition of the testator as to its contents, (d) the allegation that the execution of the will wa

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