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4. In support of this statement the learned author states two cases, Frogley (1905), p. 137 and Lupton (1905), p. 32. We have examined the two cases and it appears to us that for the purpose of determining as to whether a person applying for letters of administration is entitled to such administration it is open to the probate Court to determine as to whether the applicant is a residuary legatee under the will on a construction of the will. Both the applications in the two cases cited were made for the grant of letters of administration with a copy of the will annexed by the person named in the will as the residuary legatee. Notwithstanding that, the Court had to enter into the question of construction of will to see whether the applicant was the residuary legatee under the will and entitled as such, according to the practice, to apply for the grant of letters of administration with a copy of the will annexed. Under the Indian Succession Act having regard to the provisions of Sections 232 and 234 it would appear that before letters of administration can be granted the probate Court should see as to whether the applicant is a universal or a residuary legatee so as to be entitled to apply for the letters of administration with a copy of the will annexed. Some of the observations in the case cited might have stated the law somewhat broadly. As for instance it is said, the probate Court cannot go into the question whether a gift over in the Will is valid or not.

5. As we understand the judgment of the learned Judge if on the face of the will it appears that the applicant for the letters of administration is either a residuary legatee or a universal legatee it is not open to the Court to decide as to whether such provisions are valid or not. In the earlier part of the judgment the learned Judges however stated this, as we have already said, that the Court is entitled to read the will in order to see whether the applicant is a residuary legatee or his representative. That seems to be the correct statement of the law. In a subsequent passage to which reference has been made the law seems to have been somewhat broadly formulated (p. 5, Tristam and Coot's Probate Practice). We have examined the cases cited in p. 432 and we are of opinion that it is open to a probate Court to consider on the construction of the will as to whether the applicant for the probate is entitled to letters of administration being the residuary legatee or universal legatee. The next question is the question of the construction of the will. The will has been printed in the appendix at the end of the paper book and the material portion of the will runs as follows: