Viscount Haldane:-

Raghunath Prasad, a Hindu mahajan and dealer in money in the City of Benares, died on the 11th February 1896, leaving property, partly ancestral but mainly acquired, of the value of over three lakhs of rupees. He was about 50 years of age at the date of his death. He had married three times, and his third wife and a daughter by her survived him. He had no son by any of the three wives. Until the end he appears to have been hopeful that a son might be born to him who would perform for him the posthumous ceremonies which the Hindu religion enjoins. Nearly seven years after his death, his widow by deed adopted to him a boy of about five years old. The only question left in this appeal is whether the dead man gave her authority to make the adoption. It is a question of fact, and the answer depends on what reliance ought to be placed on the testimony of certain witnesses.

On the 25th November, 1895, Raghunath Prasad executed a will. Before referring to its terms, which are material in estimating the probabilities on the question of the authority to adopt, it is necessary to state what were the relations of the testator to other members of his family. He had three brothe