Lord Dunedin :-

One Palchur Chenchurragavareddi, an inhabitant of a village in the district of Nellore, died on the 26th October,1914, at the age of about 60, and was possessed of considerable property. He left a widow, but no children and no near relatives except such as were relations of his wife. His wife had a sister, who had a son, Vemireddi Babureddi. On the 9th December, 1914, his widow and his nephew presented for registration a will before the Sub-Registrar.

The registration was opposed by the appellants in the present suit, who allege that they are the nearest agnates of the deceased and as such are entitled in reversion to succeed to the estate after the termination of the widow's interest, upon the ground that they conceived that the deceased had died intestate. Registration was refused, as it was considered that sufficient proof had not been given that the will was duly executed,and this decision of the Sub-Registrar was confirmed, on appeal by the Registrar.

The present appellants brought a suit for a declaration that they had the position of nearest agnates, and that the so-called will was not executed in fact, and was, if executed, executed by the testator while in a