Kanagaratnam V. Ananthathurai

1945 Present: Keuneman and Jayetileke JJ.

KANAGARATNAM, Appellant, and ANANTHATHURAI, Respondent.

28-D. C. (Inty.), Jaffna 84.

Will-Codicil-Application for probate-Objections by respondent-Duty of Court to frame issues-Testator's knowledge and approval of contents of will-Nature and degree of proof necessary-Party who prepared will a beneficiary-A circumstance of suspicion Civil Procedure Code, s. 533.

In an application for the issue of probate of a Will or Codicil it is the duty of Court, when the respondent shows grounds of objection to the application, to frame issues as required by section 533 of the Civil Procedure Code.

When considering whether a testator knew and approved of the contents of the Will the Court will take into consideration as a circumstance of suspicion (but in no case amounting to more than a circumstance of suspicion) that the party who wrote or prepared the will takes a benefit under the will. Further, with regard to the nature and degree of proof that is required, the testator's instructions for, or reading over, the instrument are not the only satisfactory description of proof by which the cognizance

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