ANGELINA PASCOAL MENDES Vs. SAVIO D SOUZA

JUDGEMENT

(1.) The Respondent ("Savio") filed Testamentary Petition No. 119 of 2014 in which he propounded a Will dated 1st January 2013 of one Joseph John Remedios ("Joseph"). He said that Joseph died on 4th January 2013 leaving a Will dated 1st January 2013. Savio claims that he was looking after Joseph. The Will he propounded named Savio as the executor. Savio is the major legatee under the Will. Another legatee was one Dean D'Souza.

(2.) Savio is not related directly by blood to Joseph, the testator. Joseph was married to a lady named Maria. Savio's mother, Mary and Maria were sisters. Thus, Savio is Joseph's wife's sister's son. Maria died on 23rd November 2010. Joseph was thus a widower. Maria had other sisters. The two Petitioners in the revocation Petition, viz., Angelina Pascoal Mendes and Philomena Pascoal Mendes, are both Maria's sisters and, therefore, also Mary's sisters and are both, therefore, Savio's maternal aunts.

(3.) The Testamentary Petition was amended on 24th June 2014. Savio did not cite anyone in his probate Petition. He only mentioned that Joseph had one sister, Anita Remedios, who died on 29th August 2000. Joseph's father John Remedios died on 19th April 1944 and his mother, Martha died on 28th February 1974.