The Executor, originally filed original petition in O.P.No.481 of 2006 to grant probate of the Will dated 03.11.2005 executed by the testatrix G.Vimala. The husband of the testatrix was shown as the respondent. As caveat was filed by him, the original petition was converted into the above Testamentary Original Suit by order of this Court dated 06.07.2007.

2. The deceased Vimala, who is the testatrix, was a resident of Madras and that she possessed all properties, within the State of Tamil Nadu. She had executed the Will on 03.11.2005. She was married to the first defendant and that they had no children. The parents of the testatrix also pre-deceased her. The testatrix had a strained relationship with the first defendant/husband. Therefore, it is stated that she had made a bequest only towards charities, appointing the plaintiff as an Executor. Hence the plaintiff has sought for a probate.

3. After the original petition was converted into Testamentary Original Suit, the first defendant filed his written statement on 08.10.2007. After the evidence on the side of the plaintiff was over, the learned counsel for the first defendant had made an endorsement to the effect that ther