JUDGMENT

1. This appeal is against an order refusing Letters of Administration with copy of the will annexed.

2. The Will was executed by one Suresh Chandra Ghose on the 12th May, 1920, was registered on the 17th May, 1920, at 5 P.M. and the testator died that night. It appears that the testator was about 21 years of age at the time of his death. He had lost his father and mother and ha was for about two months before his death suffering from fever and diarrhoea, and was residing at the house of one of his paternal uncles Nabin, whose wife Brajeswari nursed him during that period. The will purported to give practically all the properties of the testator to Brajeswari after making provisions for a minor sister. Brajeswari propounded the will and two of the paternal uncles of the testator contested the will. The execution of the will by the testator is not disputed but the Court below has found that it was not properly attested, and that the testator was not of a sound disposing mind at the time of the execution of the will.

3. Brajeswari appealed to this Court and it is contended that the testator had not a sound disposing mind when he executed the will. There are six attesting witness