PIERIS v. PIERIS et al.

D. C, Colombo, C 1,850 (Testamentary).

last will-Ordinance No. 7 of 1840 s. 3-Ordinance No. 2 of 1877, s. 26, sub-s. 8, as amended by Ordinance No. 21 of 1900-Due attestation-Notary empowered to attest deeds in English-Duty of notary to read over and explain the instrument-Interpretation in Sinhalese -Execution of will by undue influence-Burden of proof as to use of undue influence by coercion or fraud-Opinion of assessors given many days after close of case.

Where a notary public, authorized to draw, authenticate, and attest deeds or instruments in the English language only, did not read out the last will he had drawn for a testatrix in English, but interpreted and explained it clause by clause to her in her own language, which was Sinhalese, and where one of the attesting witnesses was in the next room during the greater part of the interpretation, but at such a distance that he could see the testatrix and those around her through the open door which connected the two rooms, and could have heard what was said to and by the testatrix if he had given ear to it,-

Held, that as, in terms of the Ordinance No.