WILMA LEVERT CANUAO Vs. ALLAN SEBASTIAN D'SOUZA

JUDGEMENT

(1.) Admit. Learned counsel for the Respondents waives service. The appeal is taken up for hearing and final disposal, by consent and on the request of the learned counsel.

(2.) This appeal arises from a judgment of a learned Single Judge holding that the last will and testament of Sebastian John D'Souza, the testator, dated 20 March 1989 is proved and be probated.

(3.) The testator died on 5 September 1999. The two Respondents who are the original Plaintiffs are his sons. The testator was survived besides his two sons, by six daughters, three of whom, the Appellants, had lodged caveats in response to the Testamentary Petition seeking probate of the will alleged to have been executed by the testator on 20 March 1989. Under his will, the testator directed his executors and trustees to pay a sum of Rs.30,000/- to each of his daughters and an amount of Rs.1.00 lakh to his wife. The residue was bequeathed to his two sons who are appointed as executors. Pauline, the wife of the testator, died on 20 July 1994.