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1920 Supreme(Cal) 497

SYED SHAMSUL HUDA, RICHARDSON
Sreemutty Radhashyam Dasya – Appellant
Versus
Sreemutty Ranga Sundari Dasya – Respondent


JUDGMENT

1. This is an appeal from the judgment and decree of the Additional Judge of Dacca, dated the 26th June 1919,

2. On the 13th March 1912 Probate was granted of the Will of Sagar Chandra De, who died on the 1st Aswin 1318 (18th September 1211), leaving him surviving his mother, his childless widow, then a minor, a minor brother and one or two married sisters.

3. The proceedings were not contested; the Wilt was proved in common form and Probate was granted to the mother as executrix.

4. The decree appealed from revokes the Probate and directs the executrix, the appellant before us, to prove the Will in solemn form.

5. The petition for revocation was presented by the widow on the 18th November 1918, more than six years after the grant of Probate. The petition was signed on the widow's behalf by her father, Srish Chandra Dhar. The widow was 16 or 17 years old when her husband died and came of age in 1912 or 1913.

6. The Additional District Judge has found that, after her husband's death, the widow continued to live with her husband's relations in amity and has only recently gone to live with her father, who occupies a house opposite the testator's, in the same street. The suggestion

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