Probate Of Will In Solemn Form - Legal Draft

1. The said will and

codicil of the deceased were not duly executed according to the provisions of

the Indian Succession Act, 1865 (10 of 1865) {See now the Indian Succession

Act, 1925 (39 of 1925).} [or of the Hindu Wills Act, 1870 (21 of 1870) {See now

the Indian Succession Act, 1925 (39 of 1925).} ].2. The deceased at the

time the said will and codicil respectively purport to have been executed, was

not of sound mind, memory and understanding.3. The execution of the

said will and codicil was obtained by the undue influence of the plaintiff [and

others acting with him whose names are at present unknown to the defendant].4. The execution of the

said will and codicil was obtained by the fraud o f the plaintiff, such fraud

so far as is within the defendant's present knowledge, being [state the nature

of the fraud].5. The deceased at the

time of the execution of the said will and codicil did not know and approve of

the contents thereof [or of the contents of the residuary clause in the said

will, as the case may be].6. The deceased made is

true last will, dated the 1st January, 1873, and thereby appointed the

defendant sole executor thereof.The

defendant claims-- --1. that the Court will

pronounce against the said will and codicil propounded by the plaintiff;2. that the Court will

decree probate of the will of the deceased, dated the 1st January, 1873, in

solemn form of law.