FERDINANDUS v. FERNANDO.

FERDINANDUS v. FERNANDO.

D. C., Colombo, 7,016.

Husband and wife-Joint will-Fidei commission residui-Power of surviving widow to alienate by deed of gift or will-Estoppel.

M F and A S, husband and wife, made a joint will in 1860, wherein the 4th clause provided that " the survivor having done as he or she pleased with all our movable and immovable property, and having possessed the same, afterwards, on the death of both of us, it is our will that whatever remains shall be divided equally among our children."

In August, 1870, the spouses gifted certain property to their daughter Engeltina, who accepted the gift and stipulated that she would not " claim hereafter any inheritance out of the estate " of the donors.

M F died in December, 1870, leaving him surviving the widow of A S and twelve children.

A S, by deed of gift dated 8th October, 1894, granted three-fourths of the estate as it then stood to three of her sons, and by will of the same date the remaining fourth to another of her sons. The claims of the remaining eight children appeared to have been satisfied or extinguished before their mother's death in December, 1894.

Engeltina, cl

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