JUDGMENT

John Woodroffe, J. - This appeal arises out of a suit for administration of the estate and construction of the Will of one Apurba Krishna Ghose. It is alleged that certain properties (to which I will refer later) do not belong to the estate of the testator. The latter died in December 1917 leaving a will of which the first two defendants are executor and executrix. Probate was applied for and obtained of this Will on the 1st of February 1919. This suit was instituted in June 1919, that 13, some four months only after the grant of the Probate. The testator had two wives, the first of whom is now dead and the second is the defendant No. 1. He had, by his first wife, 4 sons and 3 daughters. The plaintiffs are the 2nd, 3rd and 4th sons of the testator and his eldest son is the defendant No. 2. The third defendant is a minor, Srimati Mohamaya Dasi, the daughter of the first defendant. Of the three daughters of the first wife, Priyabala, Basanta Kumari and Katyani, two, namely, Basanta Kumari and Katyani are dead. Niether Priyabala nor the heirs of Basanta Kumari and Katyani are parties to this suit. But this, though it might have been material if the conclusion at which we have