RABOT et al v. DE SILVA et. al.

RABOT et al v. DE SILVA et. al.

D. C, Colombo 14,923.

Marriage between persons who had lived in adultery-Their capacity to take under each other's wills-Civil Procedure Code, s. 772-Right of respondents to support, in appeal, decree on grounds decided against them by District Judge-Presumption as to paternity of child of married woman-Impossibility of access.

Although tinder the Roman-Dutch Law persons who have lived in adultery with each other cannot take under each other's will, that disqualification is according to the law of Ceylon removed by the marriage of those parties, and thereafter they may, like other spouses, take from each other either by will or ab intestato.

Defendants A and B claimed certain shares of the estate of C under his will. The District Judge held that they were not entitled to these shares, inasmuch as they were children of C born to him in adultery, but that by the jus accrescendi these shares vested in defendant D, a co-devisee, and dismissed the plaintiff's claim. The plaintiff's appealed.

Held, that on this appeal it was competent to defendants A and B, notwithstanding that they themselves had no

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