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1999 MarsdenLR 988

HIGH COURT MALAYA SHAH ALAM
RE: SARAH BINTI ABDULLAH @ HEW LEE LING (P)


Petitioner Advocates:Ganapathi Ramasamy,Saseedaran Achan ,Respondent Advocate: GT Vanan

JUDGMENT

Low Hop Bing J:

I. PETITION FOR PROBATE

[1] This is a Petition by one SARAH BT ABDULLAH @ HEW LEE LING ("the Petitioner") for the grant of Probate in respect of the Will dated 29.1.1993 ("the Will") made by her late father, HEW WAI KWONG ("the Testator"), who died on 29.3.1993. It was submitted for the Petitioner that the Will is a valid will as it has complied with all formal requirements and that the testamentary capacity of the Testator has been proved, in which event the Court should give effect to the intention of the Testator.

II. OBJECTION

[2] This Petition was objected to by the Caveators viz Madam Kwok Peck Wah and Hew Hon Choon, on his own behalf and also on behalf of the next of kin and friend for his siblings, Hew Hon Leong and Hew Hon Sam, on the following grounds:

1 ;The Testator lacked testamentary capacity to make the Will;

2 ;The Petitioner had exercised undue influence over the Testator; and

3 ;Fraud was perpetrated by the Petitioner.

III. SPECIFIC FINDING OF FACTS AND DECISION OF THE Court

[3] In the light of the vehement objection by the Caveators, the Court proceeded with full hearing and numerous witnesses were called to adduce evidence for the Petitioner an

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