CASSIM et al. v. PERIA TAMBY et al.

CASSIM et al. v. PERIA TAMBY et al.

D. C., Matara, 1, 048,

 

Charter of 1801, clause 32-Mohammedan Law-Witt, construction of.

The will of a person falling under the designation " Mussulman native, " as used in the Charter of 1801, must be construed, not according to the Roman-Dutch Law, but according to the laws and usages of the Mussulmans, as provided by clause 32 of that Charter.

THE facts of the case appear in the judgment of Bonser, C. J.

Layard, A. -G., for appellants.

Darnhorst, with Wendt, for respondents.

15th September, 1896. Bonser, C. J. -

This is an action to recover an undivided moiety of a garden situated at Matara, which was bequeathed by the will of the testator who died in 1826. The testator appears to have had two children then living, a daughter who was betrothed, and being of tender years not given in marriage to her husband, and also a son, " who was also of tender years. The testator by his will gave certain charitable and other legacies and annuities.

With respect to certain immovable property, which was specified in a certain schedule appended to the will, he directed that his nephew, the

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