Venkatasubba Rao, J.

1. The question that has been raised i regard to be a settled point--settled alike by weighty decisions and unbroken practice of the Court. But of late, I have found a tendency at the bar to raise this point, as if it is a debatable one and requires serious notice. I am delivering this considered judgment, to once for all state definitely what my view is and I am tempted to follow this course in this case on account of the lengthy argument addressed to me.

2. One Mangadi Ellappa Chetti died leaveing assets valued by the petitioners at about 10 lakhs. He is said to have left a will and this is an application for probate of that will. The following pedigree serves to explain the facts of the case.

______________________________________________________ | | Mangadi Ellappa Chetti-testator Subbaroya Died July 1927 (left no widow) | | | Kanniappa Chetti (Died 1922) M.S. Chengalroya Chetti M. Sowbagiamma. Executiix & (2nd Caveator) 1st petitioner.

Gopala Chetti M. Komalangi Chengalroya (minor) (1st Caveator) Chetti (minor)

3. The will is propounded by Sowbagiamma shown in the pedigree and her brother Thangavelu Chetti, these two persons being the executors named in