This is an appeal against the order of the District Judge of East Godavari at Rajahmundry dismissing a petition for the grant of a succession certificate.

The appellant claiming to be a legatee under a registered will executed by one Achakkamma filed an application for the grant of a succession certificate for the sum of Rs. 6,000, the amount of the legacy under the will. He also put forward the case that he was the adopted son of Achakkamma but we are not concerned with that question in this enquiry.

This was opposed by the 1st repondent, the maternal grand-daughter of the said Achakkamma, and the 2nd respondent, who claimed to be the nearest reversioner to the estate of Achakkamma’s husband. The objection raised on behalf of these respondents was that the will was not executed by the said Achakkamma while in a sound disposing state of mind and that even otherwise she had no testamentary capacity in respect of this amount.

The learned District Judge, without going into any of the questions raised, dismissed the petition contenting himself with the observation that it raised very many complicated questions of law and fact. It is against this order that this appeal is filed.