Lord Thankerton.-

This is an appeal in forma pauperis by special leave from and judgment and decree of the High Court of Judicature at Fort William in Bengal, dated 27th July 1937, which set aside the judgment and decree of the District Judge of Chittagong, dated 20th November 1934, and dismissed the appellant's application for probate of the will of his paternal uncle, Girija Kripa Lala, who died on 1st January 1904. In his application for probate, filed on 9th November 1933, the appellant, as executor, propounds a will dated 80th December 1903, two days before the death of the testator. The District Judge found for the execution and attestation of the will, and the High Court reversed this decision on a pure question of fact. The testator and his younger brother, Saroda, who is the father of the appellant, constituted a joint Hindu family governed by the Dayabhaga school of Hindu law. The testator left a widow, Srimati Bama Sundari, but no issue. At that date, the appellant, who was then two or three years old, was the only son of Saroda, though some years later another son was born to Saroda, who did not survive infancy. It is admitted that on the same 30th December 1903, the tes