into possession of the estate· and adopted one J ogendra Nath Seal in 1873 under the authority conferred on her. · J ogendra married Katyayani, and Rajlakshmi, the plaintiff in the suit out of which these app 0 eals arise, is their only child. She was less than one year old when J ogendra died in 1886. Shortly after the death of J ogendra, Mati Dassi adopted Amulya Charan, a brother of Katyayani in further exercise of the authority conferred on her. Mati Dassi died in 1899 and the Sens then appeared to have taken possession of the estate. During the lifetime of Mati Dassi, the two grandsons commenced a suit on 22nd July, 1890, against Mati Dassi and the other executors then living, Amulya and Katyayani, for a declaration of the rights of the parties under the will, administration of the estate, accounts and a declaration as regarda their quarter share of the net income. Trevelyan J. declared that the grandsons were entitled to an onefourth share of the estate absolutely and directed accounts to be taken. This declaration was granted against Mati Dassi alone, the suit having been dismissed against the other defendants. The two grandsons having taken possession of the whole estate after the death of Mati Dassi, Amulya brought a suit on the 9th October, 1901, against them and Kat'yayani f~r construction of the will and a declaration that he was the duly adopted son and heir of Raj Ballav and that as such, he was entitled to a three-fourth share of the estate and the Sens were entitled only to tha remaining one-fourth share. By a judgment dated 5th January, 1903, the trial court dismissed the suit on the view that under the will the first adopted son had acquired an absolute right, title and interest in the share of the estate left by the will of his'adoptiva father and he having left a widow and a daughter, Mati Dassi had no authority to make a second adoption. This decision was affirmed on appeal. [Amitlya Charan Seal v. Kalidas Sen(1)].
