CROOS v. CROOS
1919. Present: Ennis A.C.J,
and Loos A.J.
CROOS v. CROOS et al.
46-D. C. Negombo, 1,701.
Last will-Unsound mini-Undue influence.
To impeach a will on the ground of undue influence, it must be proved . that
the influence exercised amounted to coercion, i.e., compelled the testator to do
something he did not want to do.
THE
facts appear from the judgment.
A. St. V. Jayawardene (with him. Mutunayagam, Weerasinghe, and
Hayley), for appellant.
Bawa, K.C. (with him Drieberg and Zoysa), for respondents.
Cur. adv. vult.
209
October 28, 1919.
Ennis A.C.J.-
This appeal is from a refusal of the learned District
Judge, Croos v. Negombo, to grant probate of a will dated September 27,
1913, of Croos the late Gabriel Stephen Rodrigo of Negombo,
which was propounded by the appellant; and allowance of a grant of probate of
a will dated June 2, 1913.
At the hearing the third respondent opposed the grant to the appellant on the
ground that the September will was a forgery, and the eighth to the sixteenth
respondents contended that the testator had destroyed the September will animo
revocandi; they furthe
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