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2010 MarsdenLR 2719

HIGH COURT PULAU PINANG
KARN WOON LIN & ANOR – Appellant
Versus
CHEAH CHOR BOK – Respondent


JUDGMENT

Cheah Keat Lim, the deceased was a widowed school teacher and lived alone with her pet dogs in her own home at No.50 Moulmein Road, Penang until she died in April 1997. She had a blood brother Cheah Chor Bok, the defendant, with whom she had been estranged for over 20 years. Her close friend was the first plaintiff, Amy Karn Woon Lin, who was a school clerk at Pulau Tikus Convent, the same school in which the deceased was a teacher and whom the deceased had befriended. The relationship between the deceased and Amy became very close over the years. The deceased became the god-mother to Amy's daughter. In 1989 the deceased made a will (hereinafter referred to as the "first will") naming Amy's daughter as the sole beneficiary of her estate.

The plaintiffs are the executors and trustees appointed under the first will and are now claiming for a declaration that the first will dated 29.3.1989 is the last true and valid will of the deceased and also for a declaration that the will dated 16.4.1999 (hereinafter referred to as the second will) is null and void. The defendant is claiming otherwise. In essence, the plaintiffs are now challenging the validity of the deceased's second w

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