JUDGMENT

Paripoornan, J.-The plaintiff in O.S. No 4/1970, IInd Additional District Judge s Court, Bangalore, is the appellant herein. She filed an application under Section 276 of the Indian Succession Act, P & SC No. 124/1969 for the grant of Letters of Administration of the estate of the deceased, Mrs. Primrose Mary Vas (her mother). Mrs. Primrose Mary Vas had executed Ex. P-1, Will dated 19.6.1964. The first defendant in the suit (husband of the testatrix) and the second defendant are the executors of the said Will. The plaintiff called upon the executors on 6.3.1969 to take out probate. She was not favoured with any reply. On 26.7.1969, M/s D.A. Costa & D.A. Costa, Advocates informed the plaintiff that the second defendant was unwilling to act as the executor and that the first defendant was intending to contest the Will. It was in these circumstances, the plaintiff as a legatee, prayed for the grant of Letters of Administration of the estate of the deceased, Mrs. Primrose Mary Vas (her mother) with a copy of the Will annexed as Annexure, Ex. P-1. the first defendant in the suit is Mr. Emmanuel Joseph Vas, husband of the testatrix, the second defendant is one of the execu