The Chief Justice.-This is an appeal against the order of the District Judge of Nellore on an application filed in O.P. No.

4 of 1949, a petition Tor the grant of probate of a will dated 22nd July, 1948, of one Venkatanarasa Reddi who died

leaving behind him three widows, three daughters and two divided brothers. The first widow is the applicant for probate

of the will which was registered during the lifetime of her deceased husband. To the petition, her co-widows, the

daughters of the deceased and his brothers were made parties. An application was made pending the petition purporting

to be under sections 247 and 268 of the Indian Succession Act and sections 94 and 151 and Order 40, rule 1, Civil

Procedure Code, for the appointment of an interim administrator or Receiver to take possession of the entire estate and

manage the same during the pendency of the probate proceedings.

The estate comprises admittedly of considerable extent of immoveable property. The deceased was entitled to a third

share. The properties had not been divided by metes and bounds and it is common ground that on the date of the

petition the properties were in the possession of the two divided brothers w