Judgement

Consolidated Appeal (No. 21 of 1927} from a decree of the High Court (December 9, 1925) reversing a decree of the District Judge of Bhagalpur.

The consolidated appeal arose out of an application by the respondents for a grant of probate of a will dated July 24, 1923, of which they were four of the five trustees.

The facts are fully stated in the judgment of the Judicial Committee.

The trial judge dismissed the application.

From his decree there were two appeals, one by the present respondents, and the other by the testators sister, Rajdulari Bibi.

The High Court (Das and Foster JJ.) allowed the appeals and directed that probate should issue.

1928. Nov. 8, 9. De Gruyther K.C. and Wallach for the appellant.

Sir George Lowndes K.C. and E. B. Raikes for respondents 1 to 4.

A. Pocock for the respondent Rajdulari Bibi.

Nov. 30. The judgment of their Lordships was delivered by

SIR LANCELOT SANDERSON. These are consolidated appeals by Sarat Kumari Bibi against two decrees of the High Court of Judicature at Patna dated December 9, 1925, whereby the decree of the learned District Judge of Bhagalpur dated June 23, 1924, was reversed.

The respondents, Rai Sakhi Chand Bahadur, Babu Ga