Jane Young V. Loku Nona Et Al.,

April.12,1911   Present: Lascelles C.J. and Grenier J.

In re the Last Will and Testament of Duncan Young.

JANE YOUNG v. LOKU NONA et al.

344-D. C. Kandy, 2,742.

requests by testator to woman with whom he was living in adultery- Validity-Undue influence-Costs.

A request by a testator to a married woman with whom he was living in adultery is valid.

IN this case the petitioner-respondent (who was executor under the will) sought to obtain probate of the last will and testament of one Peter Duncan Young, who had died on October 23, 1909. The appellant, the only sister of the deceased, and one of the heirs in the event of the intestacy, opposed the granting of probate on several grounds.

At the trial the second respondent (Loku Nona), the sole heiress under the will, was added as a party respondent at the instance of the Court, the learned District Judge being of opinion that it was advisable that she should be added in order that she might safeguard her interests.

The facts material to this report are set out in the following portion of the judgment of the learned District Judge (F. R. Dias, Esq.): -

" There is no difficulty as rega

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