Lord Porter.:-

This appeal from a decree of the High Court at Allahabad dated 15th April 1937, concerns the genuineness of an alleged will of one Thakur Ambika Bakhsh Singh.

The main questions for determination are : (i) whether on the evidence before the Courts in India the genuineness of the will was established; (ii) whether the grant of letters of administration cum testamento annexo by the District Judge of Benares (which is within the "province" of Agra) is invalid on the ground that although the whole of the testator's property was situated within the United Provinces of Agra and Oudh, yet by far the larger and more valuable part of it was in Oudh and only a portion small in quantity and value was situated in Agra.

On 1st October 1904, the testator is said to have executed in Jaunpur in Agra a will by which he gave successive life interests in his estate of Nanemau to (a) his elder brother's widow; (b) his own senior wife ; (c) his own junior wife, and thereafter in the events which happened to his posthumous daughter, who is appellant before their Lordships' Board.

The testator is described in the document as being and in fact was Talukdar of Nanemau, District Sultanpur, Oudh.

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