time different from the Will, forms part of
the related Will. That being the nature and character of codicil, flowing
from the definition itself ... execution and attestation of the codicil dated 21.5.1973. The codicil is
not proved. The codicil cannot have the effect of explaining altering or
adding
Executors in the Will filed a petition (733/07) in this Court interalia
praying for probate of the said Will and codicil. Item ... trustees, petitioners will have to file a separate suit.
It is submitted that other legatees under the Will and Codicil have not come
forward before
will not support the respondents to dicharge their burden to establish the execution of the will and codicil by the testatrix.
13. The onus lies ... wanted to execute another will altering the will dated 20.10.1949. Again the rights given under the will and codicil had been altered by the testatrix
Will or with a copy of an authenticated copy of
the Will annexed.
[(2) This section shall not apply in the
case of Wills made ... case of wills
coming under Section 57(c) of the Act.
Section 57(c) of the Act applies to all wills
and codicils made
class of the will specified in Section 57(1) comprises (a) all wills and codicils made by any Hindu on or after September ... codicil is part of the will. But it is obvious from the classification of wills and codicils in Section 57(1) , clauses
purpose of weakening his mental powers or having the Will (Codicil?) executed by him * * * the state of my husband's mind till before ... Will. Further there must be proof of the Will before probate is granted. The mere consent of parties without evidence in support of the Will
suspicious circumstance, all wills will have to be set aside, because the whole idea behind the execution of will is to interfere with the natural ... descendants are even beneficiaries under the will.
Applying the aforesaid rule, since Bagga Singh through his will and codicil chose only some of his legal
appeal arises out of a suit for the construction of the will and codicil of the late Saroda Persad Roy of Chuckdighi in the district ... Court of Wards, claiming the estate, upon the ground that the will and codicil were untrue, and that as heiress of her husband
last will & testament. The effect of this third will therefore was to revoke all the earlier wills & codicils which she had made ... when this codicil, viz., the third codicil, was revoked, not only was that codicil revoked but also were revoked therewith the second will
portion he cancels only "the said Will" and not "the Will and the codicil." It would be contrary to established principles ... testator thereby intended to revoke the codicil as wall. No doubt, codicil is prima facie dependent on the Will, and before the passing
