(1.) The plaintiff is the husband of the deceased Vilasgauri Manilal Doshi. He has applied for the probate of the last will and testament of his wife dated 15th April 1970. The Caveators/Defendants are three of his sons. The deceased as well as the plaintiff executed their separate and independent wills on 15th April, 1970. They have essentially bequeathed their estate to one another and if the other predeceased the Testator/Testatrix to their children equally. They have five sons and one daughter.
(2.) Soon after the execution of the will, on 2nd June, 1971 they have executed a deed of trust in which the plaintiff is the settlor of the property called Ujam Vilas which is a building in which the family resided. Both the deceased as well as the plaintiff are the trustees thereunder. The children are beneficiaries thereunder.
(3.) The wills have been executed by both the parties on the same day at the same time in the office of the Attorneys of the plaintiff attested by one of the then Solicitors who was its senior partner and another Advocate who was his brotherinlaw. Both the attesting witnesses have expired. Another partner of the firm had identified their signatures at the time of the filing of the petition in an affidavit filed along with the Petition. That partner of the firm has also expired by the time the suit reached hearing. The son of the partner who attested these wills, who is an Engineer by profession, has identified the signatures of not only his father, but both the attesting witnesses as he was the relative of both of them. Upon such a case the plaintiff seeks to propound the will of his deceased wife.