JUDGMENT

This appeal is filed by the plaintiff under Section 96 of CPC read with Section 299 of Indian Succession Act, challenging the judgment and decree dated 20.06.2007 passed by the Principal District Judge, Chikmagalur in O.S.No.1/1998 (originally, P & SC No.1/1997), whereby the trial court has decreed the plaintiff’s suit, issuing probate of the Will dated 05.08.1980, in favour of the plaintiff.

2. For the sake of convenience, the parties are referred to as per their rankings before the trial court.

FACTS OF THE CASE:

3. The Testator of the Will is Philomina and the plaintiff is also Philomina. Hence, the Testator of the Will - Philomina will be referred to as Philomena (Senior). The case of the plaintiff is that her mother Philomina (Senior) died on 12.03.1989, leaving behind the plaintiff as the only daughter. It is the further case of the plaintiff that Michel Rex pre-deceased his wife, Philomina (Senior). It is her further case that she was the only daughter of Michel Rex and Philomina (Senior). The plaintiff married to Christopher D’Souza during the lifetime of Michel Rex. Till the death of Philomina (Senior), she was residing with the plaintiff. Philomena (Senior) executed