Sir John Edge :—

This is an appeal from a decree, dated the 29th August, 1913, of the High Court at Calcutta, which set aside a decree dated the 28th July, 1909, of the District Judge of Mozufferpur granting probate of the will of one Kishun Kishore Narayan Singh, of Sursand, who died in November 1905.

The only question in this appeal is as to whether the will, of which the appellant has sought to obtain probate, was executed by Kishun Kishore Narayan Singh or is a forgery. The appellant who propounded the will is the senior of the two widows of Kishun Kishore. The will which she propounded is dated the 15th November, 1905.

Kishun Kishore was a zemindar living at Sursand, in the district of Mosufferpur. He was an elderly man, and had been twice married, but he had no issue by either of his wives, and he had no near agnatic relations. The caveators, who objected to probate of his alleged will being granted were distant cousins of his, with none of whom is it proved that Kishun Kishore had ever been on terms of intimate friendship. Kishun Kishore had been originally a comparatively poor man, but at the time of his death the income of his estate exceeded 60,000 rupees a year, and it is s