Cussen J:

This is an application to the Court made under section 47 of the Probate and Administration Enactment (Cap. 8) for the appointment of an administrator "pendent lite" to the estate of one Beejanbee deceased. It is made by a son of the deceased and opposed by a daughter of the deceased.

Two questions arise for determination from the hearing of this application:

(a) a question of law; and

(B) a question of fact.

The question of law was raised by Counsel for the respondent, and I will deal with it first.

Briefly, the submission was that the Court and no jurisdiction to make an appointment under section 47 because there was no "lis pendens."

Section 47 reads as follows:

Pending any suit touching the validity of the will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator other than the right of distributing such estate; and every such administrator shall be subject to the immediate control of the Court and shall act under its direction.

Mr Braddell's argument was t