KUSUM KUMARI DASSI Vs. SATISHENDRA NATH BOSE

JUDGEMENT

(1.) This appeal is from the judgment of the District Judge of Midnapore, dated the 11 April 1907, refusing probate of a Will.

(2.) The alleged testator, Amarendra Nath. Basu, was a leading practitioner of the Munsif's Court at Midnapore He was apparently in a prosperous condition. By his own earning he had acquired considerable properties. In September 1899, he obtained from two out of his three surviving brothers an acknowledgment of his exclusive right to his self-acquired properties under a deed of release; and under a similar deed, dated the 23 August 1902, he obtained an acknowledgment of his exclusive right to those properties from his third brother. He had also purchased some little properties which belonged to his father-in-law and the kinsmen of the latter and also the homestead in which they lived.

(3.) He suffered from diabetes for some years. A short time before his death consumption supervened and he ultimately succumbed to it. He died on the 31 October 1906, Wednesday, between 11 and 12 a.m. At the time of his death, he left his wife, who has propounded the will in question, three out of his six brothers (the other three had pre- deceased him) and a sister, but he left no children. The will is opposed by his three surviving brothers.