Alfred Henry Lionel Leach, C.J.

1. This appeal arises out of an Order passed by Gentle, J. on an originating summons taken out by the respondents under the provisions of Order 45 of the Rules of the Original Side of this Court. The respondents are the widow and daughter respectively of one V. Rama Ayyangar, who died on the 14th April, 1937, leaving a will dated the 25th April 1936. By his will the testator appointed the appellant and his brother, who are his nephews, to be his executors. To the appellant he left his ancestral properties situate in the village of Tirukurangudi in the Tinnevelly District. The executors did not prove the will, although it has been said in these proceedings that they acted as the executors of the will for a period. It is alleged by the appellant that there was friction between the executors and the widow and the daughter as the result of which it was impossible for the executors to carry on with the administration of the estate. The appellant says that in consequence of this friction the respondents themselves applied for letters of administration with a copy of the will annexed and on the advice of friends the executors decided not to oppose th