- (1.) This appeal is against an order of the District Court of Anjikaimal granting probate of a will.
(2.) Ramaswamy Iyer, the testator, died on 10.6.1126 leaving his surviving five sons, viz., the applicant for probate, Venkitasubramoni, and three respondents to the application, Narayanan, Krishnaswami and Venkitaraman and also Hariharan, since deceased. Ramaswami Iyer had effected a partition of his self acquired properties among his five sons, in or about 1112, retaining the properties dealt with under the will, for his own share. For about ten years previous to his death, Ramaswami Iyer had been residing with his eldest son Venkitasubramoni and during the latter half of the period, he had been suffering from cancer of the cheek. The will in question was executed on 15.8.1125 and registered the next day and provided for certain legacies in favour of two of the younger sons Krishnaswami and Venkitaraman and the devolution of all the rest, forming practically the major portion of the estate in favour of Venkitasubramoni who was besides appointed executor under the will. Narayanan and Hariharan were characterised as wastrels and denied any share. It was this last aspect really that occasioned the caveat entered by Narayanan against the grant of probate applied for. Krishnaswami also entered separate caveat but he withdrew from the contest at later stage.
(3.) The grounds of contest raised were reflected by the issues 1 to 5 in the case as follows:- (1) Whether the alleged will said to have been executed by the deceased Ramaswami Iyer, was genuine and validly executed (2) Whether the alleged will is void due to the undue influence, fraud, coercion or importunities exercised by the petitioner upon the deceased Ramaswami Iyer (3) Whether the deceased Ramaswami Iyer was in a sound disposing state of mind at the time of the execution of the alleged will (4) Whether the deceased Ramaswami Iyer was affected by old age, illness and infirmity so as to make him unconscious of what he is doing, at the time of the execution of the alleged will (5) Whether the deceased Ramaswami Iyer was fully aware of the extent of the properties owned by him.;