appellant, by the said affidavit, has also disputed the testamentary capacity of the testatrix, who executed the said Will. The appellant has also taken ... execute a Will on 29-6-79?
2. Did she have testamentary capacity to execute the Will?
3. Was the Will procured by undue influence
appellant/plaintiff in her
evidence has deposed anything about the testamentary capacity
of the mother the reply given is in the negative;
(ix). on further ... pleading of the
appellant/plaintiff regarding the mother having no testamentary
capacity, the reply again is in the negative;
(x). attention is invited
said testator and the same was genuine. He had testamentary capacity and the registration was done validly.
5. In course of hearing of this appeal ... document of Binoy Krishna Pramanik and he had no testamentary capacity at all. This Will was got to be manufactured in collusion with
execution for the will issue No.2 to the testamentary capacity of the testator; issue No. 4 to the first defendants plea of undue influence ... under appeal. Though Issues Nos. 2 and 5 relating to the testamentary capacity of the deceased and relating to the question as to what
about the execution and attestation of the Will and also the testamentary capacity of the testator at the time of execution of the Will ... clearly indicate that the testator was hale and healthy and had testamentary capacity at the relevant time. Ex.D8 filed by the defendants clearly
specifically contended in the plaint that
M.W.Gurjar had no testamentary capacity to execute the
alleged Will and defendant No.1 somehow managed ... dispute. Since M.W.Gurjar had no
testamentary capacity to create any Will at that time, the
same was disputed by the appellants and medical
further contended in the written statement that the Testatrix
had no testamentary capacity to execute any will, within one year of
the death ... Will and Testament of the
Testatrix?
3. Whether the Testatrix had testamentary capacity at the time of
execution of the last Will?
4. Whether
turns on only two issues: the Plaintiff's proof of testamentary
capacity, and the Defendants' proof of undue influence.
2. I heard ... Issues Nos. 1, 2 & 4: Nergish's Testamentary capacity,
and the execution of her Will
16. Read together, it seems to me that
chance of executing a Will by himself; and challenging the
testamentary capacity of Narayanan Achari contending that
Narayanan Achari was not mentally or physically capable ... examined PW3
to prove that Narayanan Achari didn't have testamentary
capacity and Exts. A1 to A6 were marked from the side
that it
was not genuine, and the testator did not have testamentary capacity at the
time of signing the alleged will and that the execution ... will been properly executed and attested?
(3) Had the testator testamentary capacity at the time of the signing of
the alleged will
