JUDGMENT

1. This appeal has arisen out of a decision of the Additional District Judge of Dacca, dismissing an application for Letters of Administration with a copy of a will annexed. The will is said to have been executed by one Brindaban Chandra Nag, who died on the 9th Bhadro 1330 B. S., leaving a widow Kunja Mohini, a son Mohendra Hari Nag, a widowed daughter Kristo Manjuri and two grandsons Nigendra Chandra Sen and Ashuram Sen, sons of the said Kristo Manjuri.

2. In 1309 (=1903) the testator had 'executed and registered a will in which he stated that his son Mohendra was disobedient and disrespectful to him and was giving him trouble and living separately from him. Amongst other provisions the testator by that will gave his. moveablas and his money-lending business absolutely to his wife Kunja Mohini, and a life-interest to her in his immovable property which consisted of a house he had inherited from his own maternal grandfather, and further provided that on Kunja Mohini's death the said immovable property would go to Mohendra and his heirs, but if no moveables or cash money comes into the hands of Kunjo Mohini then she would get the immovable property absolutely with power to a