As per settled law, mere proof of signatures on the Will was not sufficient to prove its due execution; and it was the duty of the party seeking probate to satisfy the conscience of the Court as regards due execution of the Will by the testator and for that matter, the Court can probe deeper into the matter to satisfy its conscience that the testator/testatrix had duly executed the Will after understanding its contents. The High Court, thus formulated the point for consideration as under:-
“28. The question for consideration is whether the evidence led by the appellant i.e., propounder satisfies the conscience of the court that the Will in question was duly executed.” 17.2. Thereafter, the High Court took up the crucial finding of the Trial Court that the evidence on record did not establish that while signing the Will Ex. PW1/H, the testatrix understood the contents thereof.
