Alfred Henry Lionel Leach, C.J.

1. This is an appeal from an order of Somayya, J., directing that4etters of administration to the estate of one Edward Carmichael McCankie be issued to the appellant on the furnishing of security under Section 291 of the Indian Succession Act. The appellant contends that the learned Judge should have held that he was entitled to letters of administration with a copy of the will annexed under Section 241 of the Act, in which case he could not be called upon to furnish security. The deceased died in Littlehampton, England, leaving a will dated the 21st of February, 1936. Probate of the will was obtained in England. The testator appointed Mrs. Madeline Emily Hawkins, his executrix. The executrix was not able to come to India to take out letters of administration and she granted a power-of-attorney to the appellant to enable him to apply as her agent. Since the Succession Act of 1865 it has been the practice of this Court to grant letters of administration with a copy of the will annexed in cases such as this without requiring security to be furnished. The Court is informed that the same practice has prevailed in the Calcutta and Bombay High Court