G. N. DAS, J. :- This is an appeal by the plaintiffs against a decision of Mr. B. Mookerjee, Additional Subordinate Judge, 2nd Court, Alipore, District 24 Parganas, dated 29th November 1944, dismissing their suit for possession and mesne profits.

2. The plaintiffs case is that the disputed property and other properties belonged to their father George Adolphus, Robertson. The later was at all material times, living separate from his wife Olivia by whom he had several children. He had by one Mrs. Adeline Maude Bredee, a. widow, two daughters viz., the plaintiffs.

3. On 4th July 1892, Mr. Robertson executed a will. The will inter alia provided that Mrs. Bredee would be entitled to the disputed property for her life and the remainder would go to the plaintiffs. Mrs. Bredee and the testators two brothers William Cecil Roberison and Edwin Robertson were appointed executors.

4. On 12th January 1894, a son named George Nathaniel Robertson was born of Mrs. Bredee by the testator.

5. On 11th June 1898, the testator executed a codicil modifying several dispositions made in the will. The effect was that as regards the disputed property, it was to devolve on Mrs. Bredee for her life and th