1. The plaint in this suit alleges that the husband I of the plaintiff died in 1911 possessed of certain properties and having made a will appointing the defendant as his executor, who entered into possession and management of the properties immediately after the testators death but has taken no steps to obtain Probate of the will. It alleges various acts of mismanagement by the defendant and that the plaintiff is interested as the mother of the testators son, who died subsequently to the testator and to whose interest the plaintiff has succeeded as heir. The prayer of the plaint is that the defendant may be directed to apply for Probate of the will, that he may be ordered to account for the administration of the estate of the deceased and the monies collected by him or that ought to have been collected by him but for his wilful default or negligence, and that an account may be taken of the estate and the same be duly administered under the orders of this court,

2. It is stated that the defendant did apply for Probate and that the fiat of the Judge was obtained upon his application, but that the actual grant has not been issued through the failure of the defendant to pay the