Judgement

Appeal from a judgment and decree of the High Court (April 28, 1919) reversing a decree of the District Judge of Azamgarh.

The sole question upon the appeal was whether a will, dated January 25, 1915, propounded by the respondent was the last will and testament of her deceased husband Bijai Singh. The District Judge held that the will was a forgery, but that decision was reversed upon appeal to the High Court.

The facts appear from the judgment of their Lordships.

1922. May 13. De Gruyther K.C., and Dube for the appellant.

The respondent did not appear.

June 30. The judgment of their Lordships was delivered by

LORD BUCKMASTER. On March 3, 1915, Babu Bijai Singh died, and on September 13, 1915, his widow, who is the present respondent, applied, through Baj Bahadur Singh, as her attorney, for the grant of probate of a document dated January 25, 1915, which purported to be the last will of her deceased husband.

Objection was taken to the grant by the appellant, one of the male agnatic relations of the deceased and one of his reversioners in the event of intestacy, on the ground that the will put forward was never executed by the deceased but was a fabrication and a forgery.