(1.) This appeal is directed against an order passed by the Subordinate Judge, 24-Parganas, ordering the issue of probate with a copy of the will of Khagendra Nath Mukherjee annexed, in favour of the Respondent Lakshmi Narayan Chatterjee.
(2.) The testator Khagendra Nath Mukherjee died on March 8, 1948, while suffering from tuberculosis, and when he was an inmate at the Pendra Road Sanitorium in the Central Provinces. Khagendra Nath was an inhabitant of Belgharia in the district of 24-Parganas. He had lost his parents at an early age. He had two sisters Gourirani and Umarani. The Appellants-objectors are the sons of these two sisters represented by their respective father and natural guardian. The Petitioner propounder Lakshmi Narayan Chatterjee is the father-in-law of the testator. He claims that he is the sole executor nominated by a will alleged to have been executed on March 7, 1948, the day previous to the death of the testator.
(3.) In the objections filed by the nephews of the testator it was contested that the will was not duly executed and attested; that it had been obtained from Khagendra Nath by undue influence and coercion; and that he had no testamentary capacity to execute a will. An objection was also raised that no executor having been appointed under the will, the present proceedings were misconceived and the Petitioner was not entitled to apply for grant of probate to the will.