BANERJEE, J. :- This is an appeal from an order made on 29-8-1950, by P.B. Mukharji, J. revoking the probate granted by this Court on 30-9-1921, which was extended on 16-9-33.

2. Benode Lal Ghose, a wealthy inhabitant of Baranagar in the suburbs of Calcutta, acquired by dint of his own labour properties moveable and immoveable of considerable value. He, having no son, adopted a boy of the name of Charu, and made his last will and testament, bearing date 29-7-1912. It appears that the relationship between the adopted son and the father was not good; and in 1917 he intended to change his will. He desired to place his estate to the value of Rs.75,000/- in the hands of the Administrator-General of Bengal for the purpose of a hospital to be built at Baranagar. He wrote on 29-6-1917, to the Administrator-General to send a man to assist him to make a will. There is a draft agreement of 1917 on the records, which shows that it was prepared for the purpose of enabling the Administrator-General to take possession of certain properties of Benode.

3. On 5-3-1920, Benode was murdered. Charu was tried for the murder, was convicted and sentenced to transportation for life. He served the se