P. B. MUKHARJI, J.

( 1 ) THIS is an appeal by the propounder against the judgment and decree of P. G. Mallick, J. dismissing the propounder's application for probate of the will of one Gregory George Carapiet dated the 28th December 1955. The propounder is the wife of the testator.

( 2 ) THE terms of the will are simple. It first revokes previous testamentary writings and codicils and appoints his wife Anna Elda Gula Carapiet, the propounder and the Mercantile Bank of India as executors. Then follow the dispositions which are short and simple. It gives Rs. 65,000/-to the testator's sister Virginia Carapiet and the rest and residue to his wife the propounder with the wish that she does not remarry. A wish is also further added that after the death of the wife, the property she dies possessed of, be delivered to the Jerusalem Armenian Partriarchate for the education of orphans. It is a short will and these are its brief and only terms.

( 3 ) IT ends by saying that the testator had a recent stroke of paralysis on the right side and was unable to sign clearly and distinctly and hence along with his signature made by his right hand, he had also put his left thumb impression in the pr

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