Judgement

Appeal from a decree of the High Court (Aug. 19, 1893) eversing a decree of the District Judge of

Nuddea (Aug. 10, 1891) which granted probate.

The facts are stated in the judgment of their Lordships.

Cohen, Q.C., and C. W. Arathoon, for the appellant.

Mayne, for the respondent.

[The case of Parker v. Felgate (( 1883) 8 P. D. 171.) was referred to.]

The judgment of their Lordships was delivered by

LORD MACNAGHTEN. In this case the appellant Rash Mohini Dasi propounded a document as the

will of her late husband Mohim Chunder Biswas, who died on March 18, 1891. The District Judge of

Nuddea admitted the document to probate. The High Court on Appeal reversed his decision, and dismissed the appellants petition with costs.

The sole question in issue before the High Court was the testamentary capacity of the alleged testator.

After a very careful review of the evidence, from which nothing is omitted, and in which nothing seems to have been unduly pressed, the learned judges of the High Court state the result of their opinion as follows " We think that the evidence of Dr. Bepin "—Dr. Bepin was a duly qualified doctor who attended Mohim during the latter part of his illness—" aided by the