( 1 ) THIS appeal is directed against the decision dated 29-9-56 of Shri P. C. De, Additional District Judge, Berhampur granting Letters of Administration with Will annexed in favour of the respondent in respect of the estate of one Annapurna Debi.

( 2 ) DECEASED Annapurna Debi, the testatrix by her last will dated 13-10-52 gave away all her move-able and immoveable properties to her younger brother, Vaisya Raju Laxman Murty Raju, the respondent in this appeal. The testatrix who was married to Kotini Madhusudan Subudhi left her husband's home: sometime prior to her deadi and came to her father's house at Konaiput where she executed this Will just two days prior to her death. The respondent filed an application u/s. 278 of the Indian Succession Act in the Court of the District Judge, Ganjam to prove the Will and to obtain necessary Letters of Administration.

( 3 ) THE application was first opposed by Kotini Madhusudhan Subudhi, the husband of the testatrix and, after his death, by the present appellant, Kotini Rabi Narayan Subudhi, who was substituted as the legal representative of the said Madhusudhan Subudhi. The Case of the appellant is that deceased Annapurna Debi, the second