JUDGMENT

B.B. Ghose, J. - This is an appeal by the applicant for the grant of letters of administration with a copy annexed of what is alleged to be a will of one Upendra Nath Ray, dated the 5th July 1907. Upendra died in 1914 leaving a widow Damayanti. That lady obtained letters of administration of the estate of Upendra Nath Ray with a copy annexed of the document which was described in the grant as a trust-deed in 1916. The widow died in 1924 and the appellant thereupon applied for letters of administration with the document annexed on the allegation that on the death of the widow he was entitled to obtain letters of administration. The objector is the heir under the Hindu law of Upendra Nath Ray. This matter came up before the Subordinate Judge of Burdwan for hearing and he dismissed the application by an order dated the 3rd December 1925. The argument that was addressed to the learned Judge in the Court below on behalf of the appellant was that after the death of the widow of the executant of the document under the terms of the deed of trust, he was entitled to be a trustee of a certain portion of the property mentioned in the deed and thus he was entitled to letters of adminis