MAX CAJETON TRAVASSO OF BOMBEY Vs. I FERNANDES

JUDGEMENT

(1.) This is a Suit/Petition for Probate of the Last Will and Testament of Mrs. Bella Cajeton Travasso alias Bella C. Travasso alias B. C. Travasso of Bombay, Indian Christian, a widow, residing at Mahim, Bombay. She died at Bombay on 10th December, 1984 leaving behind two sons who are plaintiffs in the Suit and 5 married daughters. The Will is dated 01.01.1983. The plaintiffs being the executors and trustees, therefore, applied for Probate by filing the petition in this Court. Mrs. Iolante I. Regina alias Mrs. Agnes Fernandes, the defendant/caveator, the sister of the petitioners/plaintiffs filed caveat in Form No. 116 and an affidavit in support thereof. Therefore, the Petition was numbered as Suit.

(2.) Initial issues were framed on 10.12.2007 which are as under:

(3.) The plaintiffs/petitioners led evidence of three witnesses namely PW 1Max Cajeton Travasso, PW 2Suresh Mahadev Darekar and PW 3Prakash Prabhakar Pandit. The caveator/defendant examined herself only. (DW 1).