RANI Vs. KALIAMMAL

JUDGEMENT

(1.) THE plaintiff is the appellant herein. She preferred Testamentary Original Suit in question in regard to the Will registered on 21. 3. 1990, and the suit having been dismissed, the present appeal has been preferred.

(2.) THE Will was executed by late Pachaiappan. The first defendant is the wife of Natesa Reddiar and she is the mother of the deceased Pachaiappan; the second defendant is the adopted son of the late Pachaiappan. Pachaiappan died on 8. 8. 1992 and stated to have left his last Will and testament duly executed by him on 21. 3. 1990 in the presence of witnesses.

(3.) THE case of the plaintiff is that the deceased had no issues of his own; the third defendant, though was married to the deceased, abandoned and deserted him more than ten years back and even customary divorce was also obtained by the deceased before this death and before the Panchayat; the third defendant had been living with one Sadhasivam and she got two children through him and so, she was disinherited by the deceased himself under the Will. The plaintiff is the sister of the deceased and is the executrix under the Will.