ROSA MARIA BAI Vs. JACOB SOUZA

JUDGEMENT

(1.) I have come to the same conclusion as my learned brother that Letters of Administration should not have been granted on the Will propounded by the plaintiff.

(2.) The delay of 20 years in presenting the Will for Probate has not been sufficiently explained. It is said to have been handed over by the testator to his brother's son the sole legatee. He died in 1902 or 1903 without taking any action.

(3.) It is not clear in whose custody the Will has been since, but his son, who has been granted Letters of Administration by the District Judge on the present application, says that he only came to know of the existence of the Will three or four years ago.