ANTONY Vs. MATHEW

JUDGEMENT

(1.) THIS is an application for probate under the Indian Succession Act, 1925. The testator died on 11-4-1953 leaving behind four testamentary instruments; a will dated 28-1-1952 (P. 5), two codicils, one dated 26-2-1953 (P. 2) and another dated 28-2-1953 (P. 3), and a will dated 26-3-1953 (P. 4 ). "26-2-1952" mentioned in one portion of Ext. P. 2 is a mistake for "26-2-1953. "

(2.) THE prior proceedings taken by the petitioner and the 6th respondent are narrated in detail in the petition before us. Those details, however, are of no consequence for a decision of the case and are hence not repeated in this judgment. We need only say that some of the aspects which fall to he considered came up For discussion in Thresia v Lonan Mathew, 1956 Ker L T 469 : ; (S) AIR 1956 Trav-Co 188) (FB ).

(3.) THE four testamentary instruments have been duly proved. The witnesses examined in that connection are Pws. 1 to 6. There is no opposition to the grant of a probate as prayed for in the petition.