The Calcutta Weekly Notes Monday December 10 1906

Their Lordships next went on to decide the main issue in the litigtion whether Julia Westaway possessed testamentary capacity and whether the two instruments impeached were the expressions of her own Will and after an examination of the evidence the judgment is as follows :- The result of the voluminous evidence in the case satisfied their Lordships that at the date of the Will of April 1895 [...] For those reasons which out of respect to the Royal Court their Lordships had deemed it necessary to give in some detail their Lordships thought it their duty humbly to advise His Majesty that the action ought to have been dismissed and that the Respondents ought to pay the general costs of the action and the Appellants the costs occasioned by the evidence of the executors and by the matters no [...] The Respondents would pay the general costs of the appeal but the Appellants would pay a proper proportion to be determined by the Registrar in respect of the costs of the executors' evidence and of the matters not proceeded with by the Appellants. [...] The question in that case was whether a bamboo clump belonged to the complainant or to the Defendant T. The Pettioner as a witness stated that the bamboo chimp bolonged to p but in the cross.eximnination he denied that he had witnessed tho survey made by the Amin as the reside of which the bamboo clump fell to the share of the Defendant. [...] On the 7th August 1905 the District Judge passed an order on the rpresentations made in the petitions of the two applicants directing that the decree-holder should proceed first against the remaining items of property contained in the application and advertised for sale after excluding the properties claimed by the applcants and next against other items of properties included in the mortga