JUDGMENT

Siti Norma Yaakob J:

In this contested probate suit, the petitioner was the wife of R. Soosai (deceased),who died testate on 14 April 1983, naming her the sole executrix and trustee of his will and leaving her the residue of his real and personal estate to the exclusion of the caveators, his children by a previous marriage.

The deceased's first wife died on 24 November 1947, leaving behind 8 children, 5 boys and 3 girls, surviving her, the youngest, Thomas, being only a year old. The deceased was then 42 and 2 years later, he married the petitioner and she in turn bore him 4 children,1 boy and 3 girls. These 4 children have also been named by the deceased in his will as being the ultimate beneficiaries in the event the petitioner predeceased him.

Five of the petitioner's step-children have filed caveats against her petition for probate and their Counsel has indicated that 2 of the remaining 3 children will subsequently follow suit, leaving Thomas, the youngest of the deceased's children by his first marriage, to be the only step-child not objecting to the petitioner's application for probate.

The deceased's last will and testament dated 19 October 1982 is challenged by the cave