KASHI NATH CHATTERJEE Vs. AMARENDRA NATH CHATTERJEE AND ANR MINORS BY THEIR
HIGH COURT OF CALCUTTA
KASHI NATH CHATTERJEE
AMARENDRA NATH CHATTERJEE AND ANR MINORS BY THEIR MOTHER AND GUARDIAN DAKSHABALA DEBI
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(1.) This is an appeal against the decree of the District Judge of Burdwan, dated the 6th of May 1898, granting letters of administration, with a copy of the will annexed, to the petitioner.
(2.) The case relates to the will of one Jadab Chandra Chatterjee who died in April 1894, and he is said to have executed the will on the 22nd of November 1883. The will, now in dispute, is therefore about fifteen years old. It is admitted that the will was written by Jadab Chandra Chatterjee; but, for the defendants, it is urged that it is not a valid will under Section 50 of the Indian Succession Act.
(3.) The District Judge has found that the will was duly executed by the testator. He finds further that the signature on the right hand corner of the will was not there when the witness signed; but that it was duly executed for two reasons,--first, that the will was written by the testator himself; that the signature at the beginning of the will is in the testator's handwriting, and it is in evidence that Jadab told the witnesses that this was his will; and, second, that the testator registered the will and signed his name on the back before the Sub-Registrar and in the presence of another witness.;
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