LADY JENA JAMSHEDJI DUGGAN Vs. JEAN DUGGAN

JUDGEMENT

(1.) THE Plaintiff is a grandson of the deceased, Lady Jena Jamshedji Duggan. He has applied for Letters of Administration (L.A) with the Will of the deceased annexed thereto dated 4th April 1993 as the Executors mentioned under the Will have renounced their Executorship. THE Defendant is the wife of the predeceased son of the deceased. THE constituted attorney of the Plaintiff who is his mother initially applied for L.A. She has since expired. THE Plaintiff himself has sued thereafter. Initially the Defendant was not shown as the heir of the deceased. L.A were granted. L.A have been revoked upon the Petition of the Defendant in that behalf. THEreafter the Defendant has filed her Caveat.

(2.) IT is the case of the Defendant in her affidavit in support of the Caveat that the Will has not been validly executed and that there are strong suspicious circumstances casting doubt upon the genuineness of the Will. She has also contended that the deceased was not in a sound state of mind and was hospitalized soon after the execution of the Will. She has further contended that the Will was executed by fraud or undue influence or importunity and is not natural.

(3.) THE Defendant has led evidence of herself, a friend of the deceased and another Doctor. THE Defendant has essentially contended that the deceased was not in a sound state of mind and was unduly influenced by the Plaintiff in executing her Will which largely benefits the Plaintiff; in fact he is almost a sole beneficiary of her estate. THE friend of the deceased has been examined to show the mental state of the deceased during the period prior to the execution of the Will and thereafter. THE Doctor who has been examined was known to the deceased more as a friend than as her Doctor. He is examined also to show her state of health. He has visited her twice, examined her once and refrained from treating her after his initial prescription.