CANTLAY v. ELKINGTON.

Present: The Hon. Mr. A. G. Lascelles, Acting Chief Justice, Mr.
Justice Middleton, and Mr. Justice Wood Renton.

CANTLAY v. ELKINGTON.

D. C., Kandy, 15,378.

Marriage in community-Death of one spouse-Administrator of deceased spouse-Vesting of entire estate-Judgment against administrator-Liability of entire estate-English law of executors and administrators-Estoppel.

Held, that-

(1) When one of two spouses married in community of property dies, the entirety of the common estate vests in the administrator of such deceased spouse for purposes of administration; and on a judgment obtained against such administrator alone the entire common property may be sold.

Perera v. Silva (2 C. L. R. 180) and Nonohamy v. Perera (2 C. L. R. 153) followed.

(2) Section 2 of Ordinance No. 7 of 1840 does not apply to the division of property in community, which takes place by operation of law and not by convention of parties.

(3) The English Land Transfer Act, 1897, does not apply to Ceylon.

LASCELLES, A.C.J.-In matters involving title to property it is a well established principle that a decision, which has been in force and has been acted on for some ti

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