Meenadchipillai V. Karthigesu

1957 Present: Weerasooriya, J., and Sansoni, J.

MEENADCHIPILLAI, Appellant, and S. KARTHIGESU and others,
Respondents

S. C. 499-D. o. Jaffna, 1712

    Will-Probate-Resistance to application--Suspicious circumstances-Burden of proof.

Where an application for probate of a will is resisted and circumstances exist which excite the suspicion of the Court, "whatever their nature may be, it is for those who propound the will to remove such suspicion, and to prove affirmatively that the testator knew and approved of the contents of the document, and it is only where this is done that the onus is thrown on those who oppose the will to prove fraud or undue influence, or whatever else they rely on to displace the case made for proving the will ."

The following circumstances were held to be suspicious in the present case, where it was shown that the testator died within seven hours after the execution of the will in a hospital :-(1) The testator was so ill at the time of execution that he was unable to speak or to hold a pen to write his signature. (2) The Notary did not take the obvious precaution of consulting a doctor at the time he t

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