JUDGMENT

Ismail Khan (Borneo) CJ:

One Dewa Singh Maan (hereinafter called the testator) had served in the Police Force, Sabah for many years. At the time of his death he was possessed of considerable property. Apart from his own language, he knew English and Malay.

In 1961 he was taken ill and was admitted in hospital in early March of that year at Kota Kinabalu. There is no evidence to show if he was ill and if he was for how long before his admission.

In hospital he had two strokes. The first was apparently not severe. The second was thought to be serious enough for him to be removed on 15 March 1961 to the Gleneagles Hospital, Singapore. Dr. Gethin-Jones who attended to him found that he was suffering from a right-sided hemiplegia with aphasia. There was also a diagnosis of cerebral thrombosis, left middle cerebral artery. His general condition was very good and he could reply to questioning. Professor G A Ransome of the General Hospital, Singapore, confirmed the diagnosis.

On 24 March 1961 the testator complained of headaches and was drowsy. This condition continued over the next few days. On 26 March 1961, he made his will. On 27 March 1961, his drowsiness was less; he was