SARABAI AMIBAI Vs. MAHOMED CASSUM HAJI JAN MAHOMED

JUDGEMENT

(1.) This is a curious case. The petitioner who is the widow of a Cutchi Memon applies for probate of a document as being the last will and testament of her deceased husband, which document is in the following terms according to the official translation :-- May it be known to Bhai Abdulabhai us follows: In the will which you will get made tomorrow and give me, be kind not to forget (to add) my Mukhatyari as long as I am alive and after me my wife s Mukhatyari. Whatever costs may be incurred I will pay you. Written by your servant Mahomed Hasam Haji." (On the other side) Bhai Abdulabhai.

(2.) Mukhatyari , I should explain, means absolute ownership or authority or full power.

(3.) Now this gentleman Abdulabhai is the testator s deceased sister s husband, in other words, his brother-in-law. He has made an affidavit and I have also seen him in the witness box, and I may say that I am satisfied that this document was written by the testator and given to the witness under the Circumstances stated in his affidavit.