JUDGMENT

Macnaghten, J. - In this case the appellant Rash Mohini Dasi propounded a document as the will of her late husband Mohim Chunder Biswas, who died on the 18th of March 1891. The District Judge of Nuddea admitted the document to probate. The High Court on appeal reversed his decision and dismissed the appellant's petition with costs.

2. The sole question in issue before the High Court was the testamentary capacity of the alleged testator.

3. After a very careful review of the evidence from which nothing is omitted, and in which nothing seems to have been unduly pressed, the learned Judges of the High Court state the result of their opinion as follows: " We think that the evidence of Dr. Bepin "---Dr. Bepin was a duly qualified doctor who attended Mohim during the latter part of his illness---" aided by the admissions of the plaintiff's witnesses, the history of the illness and the circumstances of suspicion which arise in the case, lead to the conclusion first that Mohim is not shown to have had due testamentary capacity ; secondly, that the balance of evidence in this difficult case is on the whole to the effect that he had not testamentary capacity ; and that there is no adeq