MARY DOWLING Vs. MARGARET MENWAN

JUDGEMENT

(1.) THIS is a petition for revocation of Succession Certificate granted to the respondent herein on 29th March 1986.

(2.) THE facts are as follows : One John Arthur Stewart, died intestate on or about 16th August, 1985. The respondent herein field Petition No. 156 of 1986 claiming that she was the daughter and only heir of the said deceased. The Succession Certificate was therefore granted to her on 29th March 1986. The original petitioner herein was the sister of the deceased. She claimed that she and one other sister were the only heirs of the deceased. However, it is now admitted before me that the deceased had three sisters by names : (i) Mary E. Dowling (original petitioner), (ii) Maud Eccleston and (iii) Mrs. E. Prist. The original petitioner Dowling expired on 30th April 1990. The present petitioners are the heirs and legal representatives of the said Mrs. Mary Dowling.

(3.) THE grounds of revocation are that the respondents herein had not disclosed the names of the heirs and therefore the Succession Certificate has been obtained without notice of the petition being served upon the heirs. It is also alleged that the respondents herein is not at all the heir of the deceased John Stewart.