Decided on May 17,1960

A.E.G.CARAPIET Appellant
A.Y.DERDERIAN Respondents


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 presence of two witnesses. It states also that although he was not sound in body, he was sound in mind and that the will has been read out to him and that he has fully understood the contents of the same. The will was executed at the Jehangir Nursing Home, Poona, where the testator died on the 1st January 1956 and where he was admitted on the 21st October 1955. The will is witnessed by Dr. P. M. Bharucha the Resident Medical Officer of the Jehangir Nursing Home and by the Attending Nurse, S. Leitao.;

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