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In The Goods Of Late Arthur Gliarence Grice - TESTAMENTARY SUITS No. 10 of 1998  RD-AH 9198 (9 May 2006)
Court No. 9.
Testamentary Suit No. 10 of 1998.
In the matter of goods of
Arthur Clarence Grice
Revd Frank George Carroll ... Plaintiff
Hon. Sunil Ambwani, J.
Heard Sri Shashi Kant Gupta, for plaintiff. No one appears for defendants.
Revd. Frank George Carroll son of Shri Frank Xavier Carroll resident of All Souls Church, Cantonments Kanpur the plaintiff filed a Testamentary Case No 11 of 1996 which was converted into this suit, after a caveat was filed by Vivian Frank Stephens resident of St. Josephs College Nainital, on 2.9.1996 for grant of probate with will attached executed on 16.10.1993 by Shri Arthur Clarance Grice ( the deceased) son of Late Maj. T.G. Grice, died on 6.3.1994, residing at 85-A Canatonment at Kanpur at the age of 81 years. He had no son or daughter. His wife predeceased him. He had only one sister, who migrated to England and later on to Australia and died on 6.2.1994. The certificate of burial is enclosed to the petition. The notarised will is witnessed by Antoinette Kathrine Kanga and Lewellyn Rudolph Roche Anderson. The affidavit of Lewellyn Rudolph Roche Anderson is enclosed to the petition.
The caveat application of Sri Vivian Frank Stephens was filed through Sri Rameshwar Nath, and Shri Someshwari Prasad Advocates. The name of four counsels are shown to be appearing for defendant, but they are not present . Shri Vivian Frank Stephens had earlier filed a Testamentary Suit No. 2 of 1996, for Letters of Administration with copy of will dated
22.2.94 allege to be executed by the deceased. In this suit issues were framed in 1997. The suit, however, was dismissed for want of prosecution on 26.5.1999, along with present suit. The present suit was restored on 8.11.2001. Sri Vivian Frank Stephens, the caveator and plaintiff in Suit No. 2 of 1996 did not chose to file any restoration application to revive T.S. No. 2 of 1996.
On 13.3.1997, the suit was directed to proceed exparte. From the order sheet of both the suits, I find that the counsels appearing for Sri Vivian Frank Stephens have not participated in the proceedings since the year 1999, and have allowed the matter to proceed expart
Revd Frank George Carroll, the plaintiff, has affirmed that the deceased died at the age of 81 years on 6.3.1994 at Kanpur. At the time of his death he had a fixed place of abode at 85-A, Cantonment, Kanpur. He had executed the will dated 16.10.1993. The deceased did not have any son or daughter. His wife predeceased him and that he had only one sister, who migrated to England and later on to Australia and died on 6.2.1994. The affidavit of Antonette Kathrine Kanga aged 55 years, and Lewllyn Rudolph Roche Anderson aged 59 years, the attesting witnesses of the will filed today affirm that the deceased executed the will dated 16.10.1993 in favour of Ms. Yuonne Loretta Cabral affixing his signature on the will in their presence and other attesting witnesses who had signed the will in presence of each other. The attesting witnesses have also stated that at the time when the will was executed , the deceased was in his sound and disposing mind. He understood the contents and had signed the same on his free-will. The witness have proved the due execution of the will by the deceased.
The will of the deceased speaks of his marriage to Doris Grice. Their happy, peaceful married life and that they did not have any issue. The care taken by Ms. Yvonne Loretta Cabral nee young who came to stay with him at the time of need to look after him with selfless devotion. The deceased desired to leave the Bunglow No. 85-A Cantonment, Kanpur with all fixtures, furnitures, fitting and Motor vehicle to Ms. Yvonne Loretta Cabral; small sums of Rs. 10,000/-each to servants Ram Pher, and Shani, and Rs.1000/- to all other servants provided they vacate the quarters, and the remaining bank balance and fixed deposits after deducting medical and funeral expenses to firm "Aarthur and Doris Grice Memorial Scholarship Fund", for Indian and preferably Anglo Indian students for higher education. The will appoints three trustees, and names one of them Revd Frank George Carroll the plaintiff as executor of the will.
The suit is hereby decreed. Let probate be granted to the plaintiff for carrying out the wishes of the deceased expressed in the will dated 15.10.1993, with will attached, after the executor pays the Court fee calculated by office to the satisfaction of the Registrar General of the Court, and execution of Administration Bond. Costs on parties.
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