Alfred Henry Lionel Leach, C.J.

1. The question which arises for decision in this appeal is whether the adoption by a Hindu widow of a son to her deceased husband is invalid when the widow is actuated, not by a sense of religious duty, but by an improper motive.

2. On the 8th June, 1931 one Kandulapati Gopalam died leaving two widows, the second respondent and the appellant. The second respondent was the senior widow. On the 20th October, 1931 the second respondent purported to adopt the first respondent and it is not suggested that any of the necessary formalities were ignored. On the 17th December, 1935 the first respondent filed in the Court of the District Judge of West Godavari the suit out of which this appeal arises to recover possession of Gopalams estate. The suit was subsequently transferred to the Court of the Subordinate Judge of Ellore. The first respondent alleged that Gopalam had by will given authority to the second respondent to adopt a son. He also alleged that irrespective of the will the adoption was valid as the nearest sapinda had given his consent. The appellant denied that the will had been executed by the testator and disputed the validity of the cons