JUDGMENT

Ghose, J. - This appeal is against the decision of the District Judge of Dacca, rejecting an application for probate under somewhat novel circumstances. One Kumar Ranendra Narayan Roy died on the 14th September, 1910, leaving him surviving a widow, who is the respondent before us. He is alleged to have executed a will in the year 1904. Two gentlemen, Mr. Peary Lal Roy and the present appellant, were appointed executors under the said will. They made an application for probate before the District Judge of Dacca on the 4th November, 1910. The widow disputed the will and she had applied on the Original Side of this Court for grant of Letters of Administration of her husband's estate apparently on the allegation that he had died intestate. This dispute between the parties went on for a considerable time. On the 20th September, 1912, Mr. Peary Lal Roy and the appellant before us filed an application before the Judge signed by them dated the 10th September, 1912. In that application it was recited that the petitioners, in consultation with their legal advisers and having regard to the interests of all parties concerned in the estate and also to the wishes of the deceased, desired