Sir Lawrence Jenkins:-

These are consolidated appeals from two decrees of the High Court of Judicature in Bengal, dated the 14th April, 1921 reversing two decrees of the Court of the District Judge of Bankura dated the 20th February, 1920.

Madhusudhan Chattoraj, a Hindu governed by the Dayabhaga School of Hindu law, died leaving four sons, Radha Ballav, Brahmananda, Raj Ballav, and the present appellant Baikuntha Nath.

Brahmananda died in 1913 leaving all his property by will to his widow, Mandakini Debi. Mandakini died cm the 16th September, 1918 and her sister Prasannamoyi Debya, the widow of Raj Ballav, and the respondent in these appeals, propounds in this litigation a paper writing dated the 14th September, 1918, as the last will of Mandakini.

She is opposed by Baikuntha Nath, her husband's younger brother, and by Ashutosh Chattoraj, Radha Ballav's son. The interest of the objector is not in dispute.

The District Judge pronounced against the will and granted letters of administration to Baikuntha Nath. The High Court reversing this decision, ordered and decreed that probate of the will should issue to Prasannamoyi, and that the application for letters of administration made by Baik