MURIAL HYDEN Vs. DULCIE M ROBB

JUDGEMENT

(1.) The first defendant has preferred this appeal aggrieved by the letters of administration granted in favour of the plaintiff to administer the suit properties under Ex.A.1 will dated 9-1-1956. The facts leading to the filing of the appeal, briefly, are as follows:

(2.) One Stanley Anthony Corbett (hereinafter referred to as 'the testator' or 'the executant') died on 9-1-1979. The plaintiff and the first defendant are his sisters. Defendants 2 and 3 are the children of another deceased sister. The fourth defendant is the widow and defendants 5 to 9 are the children of the deceased brother of the executant. The parties are Anglo-Indians.

(3.) Immediately after the death of the testator, the plaintiff and the first defendant jointly filed O.P.No.333 of 1979 on the file of the court of the Chief Judge, City Civil Court, Hyderabad on 24-7-1979 for grant of letters of administration alleging that the testator died intestate. Later on, the plaintiff filed O.P.No.24 of 1980 which is later on numbered as O.S.No.241 of 1980 on the file of the court of the Chief Judge, City Civil Court, Hyderabad for the grant of letters of administration in her favour alleging that she has discovered Ex .A.1 will dated 9-1-1956 executed by her brother. Admittedly the testator died as a bachelor.