Samaresh Banerjea, J.

The present appeal arises out of a Letter of Administration suit wherein by judgment and decree dated 7th October, 1985, the trial court has refused grant of Letter of Administration.

2. The appellants herein filed an application for grant of Letter of Administration with the Will annexed for the estate of Late Nepal Chandra Acharyya Ghosal, the husband of the appellant No.1 and father of the other appellants.

3. It is the case of the plaintiff that said Nepal Chandra Acharjya Ghosal, the husband of the appellant No.1 and father of the other appellants the testator, before his death on 14th October, 1974 executed a Will of June 26, 1974 corresponding to 11th Ashar, 1381 B.S. in presence of the witness without appointing any executor of his Will, bequeathing his property to the appellants, out of his free will and having the testamentary capacity.

4. The respondent herein contested the said proceeding by filing objection specifically pleading inter alia, that the alleged Will is not a genuine Will of the testator; the same has not been duly attested or executed; the same does not contain expression of free Will of the testator and the testator had no physic