DIAS v. KAITHAN et al

DIAS v. KAITHAN et al

D. C., Colombo, 7, 223.

 

Fidei commissum-Gift to children not yet born.

A gift in the following terms: -" The above properties, movable " and immovable, I gift to K and his sister P, the children of my " sister, chiefly to be possessed by them from this date, and that in " future neither I nor my heirs could at any time revoke or alter " this deed, nor do we can (sic) dispute it; but the children of my " said sister chiefly can possess, and their children and grand-" children in generations, "-held, not to create a fidei commissum, but that the gift was one to a class composed of the named donees and their uterine brothers and sisters then in being, and those who might come into being, each to have his or her share, free to dispose of the moment that it vested, the share vesting on the child on its coming into existence.

Quaere, however, whether the law allows a gift to children en ventre or not en ventre and unborn.

THE facts of the case sufficiently appear in the judgment.

Wendt and Pereira, for appellant.

Sampayo, for respondents.

18th August, 1896. Withers, J. -

It seems to me difficult to construe thi

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