JUDGMENT Sir Francis W. Maclean, K.C.I.E., C.J. - This appeal must succeed. 2. It is an application by the widow of her deceased husband for an order that probate of the alleged will, which was granted by the Court below to the Respondent, be recalled and that it may be ordered that the said alleged will be proved in the presence of the Petitioner. 3. The facts are as follows: 4. Assuming there is no will, the Appellant is the heiress of her late husband. The Respondent sets up a will of which there were four or five executors: he alone proved the will and in the application for probate, the present Appellant was not cited and apparently knew nothing whatever about it, until after probate was granted. She says, rightly or wrongly,--I do not enter into that,--that the will is not a genuine will and all she asks is that she should have an opportunity of showing that it is not a genuine will. That argument ought to prevail. 5. Assuming that what she states in her petition is correct,--and her story is supported by evidence on affidavit, though denied by the other side,--she makes out at any rate a prima facie case for enquiry. In making this observation I do not desire to be understood as expressing any opinion, one way or the other, as to the genuineness of the will in dispute. She was not cited and she substantiated a case for having the probate of the will recalled and of having an opportunity given her of showing that the will is not a genuine one. 6. If I may say so, with respect, the error into which the learned Judge in the Court below seems to me to have fallen is that on this application, he has decided the question as to the genuineness of the will. This was premature. 7. The application was one asking in effect only that the will be proved in the Applicant's presence and this ought to be done, on evidence given, in the way usual in probate cases and not on this application. 8. On these grounds, the appeal must succeed with costs and the probate granted must be recalled and kept in the record of this Court until the case is decided. Hill J. 9. I am of the same opinion. Stevens J. 10. 8. On these grounds, the appeal must succeed with costs and the probate granted must be recalled and kept in the record of this Court until the case is decided. Hill J. 9. I am of the same opinion. Stevens J. 10. I am also of the same opinion.