Morison Vs. the Administrator-general of Madras

Morison vs The Administrator-general of Madras

Type Court Judgment Court Chennai Decided Jul 14, 1884

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Citation: sooperkanoon.com/777905
Court: Chennai
Judge: Charles A. Turner, Kt., C.J. and ;Muttusami Ayyar, J.
Decided On: Jul 14, 1884
Subject: Family

Case Summary

AI-generated summary - not the official court judgment text.

Indian Succession Act, Section 48(g) - Will procured by importunity of wife--Undue influence. -

Key legal issue: Family

Parties & Advocates

Appellant / Petitioner

Morison

Respondent

The Administrator-general of Madras

Legal References

Cases Referred: and Hall v. Hall L.R.
Reported In: (1883)ILR7Mad515

Excerpt

indian succession act, section 48(g) - will procured by importunity of wife--undue influence. - charles a. turner, kt., c.j. and muttusami ayyar, j.1. the facts of this case are fully stated in the able judgment of our learned colleague. we agree with him that while the evidence shows that the will propounded by the respondent was procured, by the persuasion of mrs. corbett, the influence she exerted was not such as to deprive the testator of the exercise of his judgment and volition, and was not therefore undue influence as defined in the indian succession act and in the cases boyse v. rossborough 6 h.l. 2 and hall v. hall l.r. i p. & d. 481. inasmuch as no sufficient ground has been shown for the appeal, we must dismiss it and direct that the costs of this appeal be borne by the appellant.

Full Judgment

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.

1. The facts of this case are fully stated in the able judgment of our learned colleague. We agree with him that while the evidence shows that the will propounded by the respondent was procured, by the persuasion of Mrs. Corbett, the influence she exerted was not such as to deprive the testator of the exercise of his judgment and volition, and was not therefore undue influence as defined in the Indian Succession Act and in the cases Boyse v. Rossborough 6 H.L. 2 and Hall v. Hall L.R. I P. & D. 481. Inasmuch as no sufficient ground has been shown for the appeal, we must dismiss it and direct that the costs of this appeal be borne by the appellant.

Same Parties Morison vs The Administrator-general of Madras Same Subject Family Same Judge Charles A. Turner, Kt., C.J. and ;Muttusami Ayyar, J.

Family