1. The appellant applied for the grant of letters of administration with a copy of the Will annexed in respect of the estate of his mother's father John George Gomez who died at Anjengo on 25.2.1927. The application was originally made to the Subordinate Judge, Tinnevelly, within whose jurisdiction Anjengo was at that time but consequent on the transfer of the territory to this State, the application was transferred to the District Court of Trivandrum where it was numbered as Probate Petition No. 5 of 1950. John George Gomez left surviving him, his widow Mrs. Joanesa Gomez who died on 6.6.1936, two sons George John Gomez and Walter J. Gomez and three daughters Mary D'Silva who died on 18.10.1936, Margaret Gomez and Jessie Fernandez. The appellant is a son of Margaret Gomez. It was alleged by the petitioner that of the two executors appointed under the Will viz. Joseph Gomez and J.C. Pereira, the former was dead and the latter was unwilling to act as executor, that Joanesa Gomez and Simon T. Gomez who were to act as executors in case the two persons named above found it inconvenient to do so were both dead, that the petitioner was a legatee under the Will, that letters o