( 1 ) THE application is for an administration 'pendente-lite' touching a Will The power to grant such administration is conferred on the Court by Section 247, Succession Act.

( 2 ) THE words "may appoint" in the sections indicate that the Court has a discretion in the matter. That discretion is judicial and not arbitrary, to be exercised on established principles of law.

( 3 ) THIS section replaces Section 34, Probate and Administration Act of 1881. It is based on the Court of Probate Act, 1857, 20 and 21 Vict. , C. 77, Section 70 and is substantially in the same words. The English decision therefore, are authorities on the question under consideration. In any event, they may be relied on for the exercise of a sound discretion under this section.

( 4 ) BUT before I consider the decisions under the statute, I turn to the earlier English decisions, for the principle on which that discretion was exercised before the Statute. I read only the leading cases.

( 5 ) IN 'king v. King' (1801) 6 Ves 172. opposite claims were set up under different Wills, and a decision had been made that one Will had not been sufficiently proved. It was objected, in opposition to the Motion