1. The appeal must be dismissed with costs. It is really a question of fact whether the property was the subject of an oral will by the plaintiff's husband. She after her husband's death was in possession of the property. But later on an entry was made in the Record-of-Rights in favour of the defendant. The plaintiff filed a suit for the rectification of the Record-of-Rights and she lost in both the Courts below on the ground that she had admitted in a deed of gift with regard to the suit property that her husband had bequeathed the property to the defendant by an oral will. The fact of the oral will could be proved by the admission of the plaintiff, although it was found in a recital in a deed which, to take effect as a deed of gift, would require registration. If the recital was required to be used to prove an oral will, then it could be proved, and any question of registration was irrelevant. The appeal is dismissed with costs.
