Gopal Sri Ram JCA

[1](delivering the judgment of the court): As long ago as 20 October 1995, Dr Tho Yow Cheong made his last will and testament. In it he bequeathed RM1 to his wife and devised a 60%, 20% and a further 20% share to his mother, his daughter and his son respectively in the half-share owned by him in the property known as No 27, Lorong Batai, Damansara Heights, Kuala Lumpur He then devised and bequeathed the residue of his estate to his sister By the same said will Dr Tho, whom we shall for convenience refer to as the "testator", appointed his two brothers as his executors and trustees of his estate. In June 1997, the executors and trustees applied for grant of probate. The testator's wife was unhappy with the will. She challenged it. She entered a caveat in the probate registry.

[2] Later, the executors and trustees as plaintiffs took out a writ to propound the will to have it declared valid. The wife was cited as the defendant in those proceedings. She counter-claimed for a pronouncement against the validity of the will. Subsequently, the action was tried. Witnesses were called on both sides and the learned judge in a reserved judgment dismissed the executors'