A. WILSON PRINCE Vs. THE NAZAR

JUDGEMENT

(1.) This is a peculiar and an interesting case but with nothing to be adjudicated upon by us.

(2.) One Rev. Salusbury Fynes Davenport, who possessed vast properties, died on 24/1/1972 at Udhagamandalam, Ooty. During his lifetime, he had executed a Will dtd. 19/7/1969 appointing respondent No.3 - M/s King and Partridge as the executor of the Will. A senior partner of the said firm, Mr. Chakravarthy Duraisamy, in furtherance of his responsibility as the executor in the Will, applied under Sec. 222(1) and 272 of the Indian Succession Act, 1925, for grant of probate in respect of the aforesaid Will.

(3.) In the probate case No.15 of 1972, the court at Ooty granted probate vide order dtd. 29/7/1972 in favour of the executor.