Mr. Ameer Ali. :-

This appeal arises out of an application by the petitioner, a Parsee lady named Mrs. Moti Bai Kanga, in the Court of the District Judge of Bangalore for the probate of a will which she alleges had been executed by her husband shortly before his death, on the 17th August, 1920. The probate was granted by the District Judge, Mr. de Rozario, on the 19th December, 1921. His order was, however, reversed by the Resident of Mysore, Mr. Barton, who appears to have exercised, in his official capacity, the appellate jurisdiction over the Civil Court in Bangalore; hence the appeal to His Majesty in Council.

The testator, Mr. Hormusjee Rustoomjee Kanga, resided in Bangalore, and he is described as having been a turf accountant. He became ill on the 2nd August, 1920, and his medical attendant, a doctor named Mylvaganam, diagnosed his complaint as malaria; but as he became gradually worse, his wife and friends became anxious and called in two other doctors in consultation with Dr. Mylvaganam. They were of opinion that it was not malaria but sceptic poisoning, and they prescribed accordingly. The will is alleged to have been executed in the evening of the 16th August, and was reg