Jayasundera Et Al. V. Perera

1947 Present: Soertsz A.C.J, and Cannon J.

JAYASUNDERA et al Appellants, and PERERA, Respondent.

34-D. C. Kalutara, 3,037

Will-Probate-Denial by attesting witness of due attestation-Effect of such denial-Prevention of Frauds Ordinance (Cap. 57), s. 4-Unsuccessful objection to grant of probate-Liability of estate for costs.

In an application for probate of a will, the only issue was whether or not the will was duly witnessed by the five persons whose names appeared in the document. Two of these attesting witnesses contradicted the attestation clauses of the will, while two others supported the attestation.

Held, that the Court could grant probate on the evidence of the two . witnesses who supported the attestation.

Held, further, that where an application for probate is unsuccessfully opposed by blood relations of the testator the costs of the proceedings may be directed to be paid out of the estate, if the circumstances merit such an order.

APPEAL from a Judgment of the District Court, Kalutara.

F. A. Hayley, K.C (with him N. Nadarajah, K.C., D. W, Fernando and A. C. Gunaratne) for the objectors appellants.

H. V. Perera, K.

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