(1947) JELR 80312 (PC)    
Privy Council  ·  Privy Council Appeal No. 24 of 1946 ·  8 Dec 1947 ·  United Kingdom
Core Terms Beta
hari charan
mr. davidson
learned chief justice
sound mind
blood relations
present case
25th february
last will
own volition
previous will
said amirchand
specific instructions
3rd april
charge of undue influence
decree of the supreme court of fiji
ellis munro warren
evidence amirchand
execution of the will
favour of the respondents amirchand
favour of the testator
firm of solicitors
good terms
indian named jaimal
learned chief just
little relevance
lord normand
lordships misunderstanding of parker v
medical expenses
only warrant
own evidence
particular case
present illness
probate of a will
provisions of the wills act
relevant bearings
similar case of perera v
testamentary writings
undue influence
undue influence of amirchand
will of 25th february
will of 26th november

LORD NORMAND (reading the judgment)

This is an appeal from a judgment and decree of the Supreme Court of Fiji in its Probate Jurisdiction which decreed probate of a will dated 3rd April, 1944, of an Indian named Jaimal, who died on the day after the execution of the will. The issue to be decided is whether that will which was in favour of the respondents Amirchand and Mehar as the sole beneficiaries valid or whether a will dated 25th February, 1944, in favour of the testator's nephews ought to be admitted to probate.

The testator was a Sikh who had come to Fiji about thirty-eight years before his death. He had made a considerable fortune as a moneylender and his estate amounts to more than {20,000. He was illiterate and Ml-educated but he could write his name in English, Amirchand and Mehar were in no way related to him but they were both indebted to him at his death, Amirchand for about [400 and Mehar for {6,500. The testator had no wife or child, but he had had a brother who lived in …

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