Will
Grant of Letter of Administration—Appeal—Appellant did not raise any challenge as to the soundness of mind of the testatrix at the time of execution of the Will—Propounder discharged her onus that the testatrix had put her thumb impression on the Will out of her free volition and while being in sound disposition of mind—Will neither appears to be unnatural or improbable—It rather stands proved by way of testimony of the respondent and one, who was the scribe of the Will as well as an attesting witness—Testimonies of both the witnesses remain unshakeable and convincing—A testamentary court is not a court of suspicion but that of conscience and has to consider relevant material instead of adopting an ethical reasoning—Will was rightly held to be validly executed and attested in accordance with the requirements of the Act—Appeal dismissed. [Indian Succession Act, 1925, Sections 63, 290 & 299]
[Paras 22 to 28]