TIAGARAJA et al. v. TAMBYAH

TIAGARAJA et al. v. TAMBYAH.

D. C., Colombo, 10,759.

Donation-Construction of deed of gift-Intention of grantor.

Where T gifted a land to his son S with full dominium and after him to S's son S T, with reversion to himself should he survive his son and grandson, and where it was provided in the deed of gift that, if S contract a second marriage, his child or children by such marriage shall at S's death become entitled to a share in the said property equally with S T, and where S contracted a second marriage and had several children thereby, held, that the intention of the grantor was to give to the child of the first bed one-half of the property, and to the children of the second bed the remaining half.

IN this action plaintiffs prayed for a declaration that six of them, as the grandchildren of one Tambyah Mudaliyar, deceased, are entitled with the defendant to a one-seventh share of two houses in Colombo. The facts of the case were not disputed, and the only question for consideration was as to the construction of certain words used by the deceased owner in the two deeds relating to the two houses in question.

It appeared that one. Ta

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