Sinnapodian V. Muttan Et Al.,

Present : Akbar S.P.J. and Koch J.

SINNAPODIAN v. MUTTAN et al.

144-D. C. Jaffna, 8,484.

Last will-Testamentary capacity-Minority of testator-Burden of proof- Wills Ordinance, No. 21 of 1844, ss. 1 and 2.

Where the validity of a last will is contested on the ground of the minority of the testator the burden of proving that the testator was of full age is on the person propounding the will.

THIS was an application for probate of the last will and testament of one Ratnam in which he had bequeathed all his property to his father the petitioner, respondent. The respondents, who are uncles of the deceased, opposed the grant on the ground that the deceased was a minor at the time he made the will. The learned District Judge after hearing evidence held that in case of doubt the Court should presume in favour of majority.

R. L. Pereira, K.C. (with him N. Kumarasingham), for respondents, appellants.-The burden of proving testamentary capacity is always on the propounder of the will. See Smee v. Smee [1 5P.D. 84. ]. Capacity includes age also. Under our law a will made by a person who is under 21 years of age is not valid. (Section

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