DAS, J.

( 1 ) THIS is an appeal against the judgment of the learned Dist J. of Cuttack, granting probate to one Fagu Prusti, of the will of one Narayan Prust. The appct is the brother of the testator, who is also the executor under the will. The objector, who is the applt before us, is the wife of the testator. The will is said to have been executed on 30-5-38. The testator admittedly died two months thereafter on 2-8-1938. He was about 35 years old at the time of his death. He left him surviving the applt, his wife Nilambar Bewa, and a daughter aged about 6 years, Padma De. Subsequent to the birth of his daughter, he appears to have had two male children, one after another, but they had both died before the date of the alleged will. It would appear from the evidence of the applt that the second of the male children was born about a year prior to the testator's death and died when he was a baby less than 10 months' old. The will purports to be executed in favour of one Brajabandhu Prusti, the minor son of Fagu Prusti, the resp. In support of the due execution of the will, two persons purporting to be the attestors thereof, nave been examined as P. Ws. 1 and 2 and the will has been