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 brothers, and from these he had separated, so that the family had for some time ceased to be joint. He had a nephew, Jadunath Prasad, the son of a younger brother, and several sisters, one of whom had a son, the respondent, Baldeo Das. The surviving one of the testator's wives, afterwards his widow, was named Musammat Saraswati Bibi. She is a respondent in this appeal. The nephew Jadunath, who lived in the house next door to the testator, was a young man of doubtful character, by his own testimony in the witness-box given up to dissipation. He had squandered his fortune, and the testator had no confidence in him. In the respondent, Baldeo Das, on the other hand, he obviously had confidence. Indeed, Baldeo and his family lived in the same house with him.

Turning to the will, the testator begins with a narrative of his family history. He goes on to make very modest provision for his surviving daughter. He then leaves the bulk of his property to his wife, but in a fashion which, as is subsequently made plain, gives her only a life interest. He puts her under restrictions which are designed to prevent her from visiting the members of her own family. As she is young, he appoints guardians to see that she regulates her conduct, and behaves as becomes a "pardanashin" lady. If she violates the injunctions of this will she is to forfeit all right to the enjoyment of the property, and is to be lodged in a suitable house and put on an allowance of 50 rupees a month. He then goes on to refer to his family deity, an idol named Sri Girrajji, the Thakur particularly worshipped by him. He dedicates to this idol the house in which it is located, and makes full provision for its maintenance and continued worship. He gives directions as to his funeral ceremonies, gaya and shradh, and says that these funeral ceremonies are to be performed by his nephew, Baldeo Das, or, if he cannot officiate, by Chhatarbhuj Das, another son of one of his sisters. His nephew, Jadunath, by reason of his profligacy and irreligion, is not to join in any of the ceremonies. He then directs the payment of various legacies and annuities. He goes on to provide that, if Jadunath, with whom he has severed all connections, falls, as he probably will, into want, he is to be supplied with food and clothing, but adds that he is excluded from all rights. The executors are not to allow him to visit their houses, and all connection with him is to be severed. It appears from the tenor of the will that the persons whom he appointed as guardians were intended to act as executors along with the widow, and they ultimately proved the will.

It remains to refer to its concluding paragraph. The material part of this paragraph was in these terms :- "The will now made is only for my wife. If, by the grace of God, a son is