SATIPADA CHATTERJEE Vs. ANNAKALI DEBYA

JUDGEMENT

(1.) This is an appeal by the objector Satipada Chatterjee against the decision of N. Chakravarty, the learned District Judge of Nadia, dated 26-4-1951, granting letters of administration to the estate of Akshoy Kumar Chatopadhaya, with a copy of the will annexed.

(2.) The testator Akhoy Kumar Chatopadhaya executed his last will and testament on 26-8-1939. It was registered on the same date at Krishnagar. The testator survived the will by about 10 years and, died on 16-1-1949. The present application for the grant of letters of administration was made on 15-12-1949, the applicant being one Annakali Debya. The application was opposed by the appellant Satipada Chatterjee, nephew of the testator. His objection was pressed on two grounds (1) that the will was not duly attested and (2) that the testator had no testamentary capacity.

(3.) As a result of contested hearing the learned District Judge found in favour of the genuineness of the will and of its due attestation and also of the testamentary capacity of the testator.