Banerjee, J. - (1.) The application is for an administration 'pendente-lite' touching a Will The power to grant such administration is conferred on the Court by Section 247, Succession Act.
(2.) The words "may appoint" in the sections indicate that the Court has a discretion in the matter. That discretion is judicial & not arbitrary, to be exercised on established principles of law.
(3.) This section replaces Section 34, Probate & Administration Act of 1881. It is based on the Court of Probate Act, 1857, 20 & 21 Vict., C. 77, Section 70 & is substantially in the same words. The English decision therefore, are authorities on the question under consideration. In any event, they may be relied on for the exercise of a sound discretion under this section.;