(1.) This is a petition presented by Mr. Kharsetji Ratanji Bomanji and Mr. Fardoonji Dorabji Padamaji, two of the executors and trustees, for probate of the last will and testament, dated June 5, 1919, and codicil dated October 27, 1921, of one Jerbai Sorabji Kavasji Khambatta, who died in Bombay on or about April 27, 1927. To this petition, caveat was tiled by Kekobad Sorabji Khambatta and Pirojahaw Sorabji Khambatta, two of the sons o? the testatrix. On the filing of the caveat, the proceedings were turned into a suit and the suit is numbered Suit No. 14 of 1927f. The two petitioners are the executors and trustees under the will, along with one Mr. S.B. Bomanji, who is now absent in Europe and whose rights are reserved to come in and apply for probate if he deems fit to do so. Under the will the testatrix has appointed another executor, her son Kekobad, conditionally upon his permanently residing in Bombay. Kekobad is one of the caveators and he is at present a permanent resident of Kapurthala.
(2.) The case of the caveators is that the testatrix on April 9, 1926, revoked her will and codicil in the presence of one Kekhushru Bapuji Doctor and Miaa Avabai Bapuji Doctor, a nephew and niece of the testatrix.
(3.) The caveators in their affidavit contend that they are the sons and the surviving naxt-of- kin of the testatrix according to the Parai law of intestate succession. In para. 3 of their affidavit they point out that at the time when Jerbai, the testatrix, executed her will, her property was valued approximately at between three and four lacs of rupees; that subsequent to the execution of the will there was a great slump and chaos, in the money market, and the estate of the deceased, which consisted mainly of shares in joint stock companies and some immoveable property, very greatly depreciated in value, and the estate dwindled down to almost a third of its original value as of the date of the will. The testatrix had given by her will diverse legacies to her nieces and nephews, and the caveators, viz., her two sons, are the residuary legatees under the will subject to certain trusts and conditions. The caveators in para. 6 of their affidavit point out that the testatrix finding that her estate had dwindled down to almost a third of its value became apprehensive and wished to make better provision for her sons, the caveators, and therefore wanted to cancel all the legacies given by her will to her nieces and nephews. They further allege that with a view to carry out such intentions she revoked her will and codicil on Apriln 9, 1926, in the presence of Kekhushru Doctor and his sister Misa Avabai. What the nature of the revocation is I shall state in detail later on.