GOVINDASWAMI NAIDU Vs. KANNAMMAL

JUDGEMENT

(1.) This suit arises out of an application for probate of a will alleged to have been left by one Ramakrishna Naidu who died on the 31 of January, 1925. The petitionor is the father of the testator and claims to be executor under the will. The defendant is the widow of Ramakrishna Naidu and she opposes the grant. She states that she was not aware that her husband left any will, that her husband was at the time of the alleged execution of the will an inpatient in the Surgical Ward in the General Hospital, that the will even if executed is invalid and inoperative, that the petitioner for probate and his wife were always inimical towards her and her children, that they exercised undue influence over her husband, that she and her husband were living a happy married life and that it is extremely unlikely that her husband would have voluntarily deprived her of the guardianship and custody of her five minor children and cut her off with a maintenance of Rs. 7 a month.

(2.) The following issues were settled: 1. Was the document expounded executed By the deceased and duly attested? 2. Was the deceased in a sound disposing state of mind at the time of the alleged execution of the document?

(3.) To what relief, if any, is the plaintiff entitled? 3. I think a further issue arises as to whether the will was brought about by the exercise of fraud or undue influence.