CASIM et al. v. DINGIHAMY et al.

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

CASIM et al. v. DINGIHAMY et al.

D. C., Matara, 2,885.

Powers of Executor-Will proved before Charter of 1833-Fidei commissum property-Sale by Executor-Roman-Dutch Law-Thirty years' possession -Fidei commissarius - " Disability " - Prescription - Ordinance No. 22 of 1871.

Held (by the Pull Court), that the executor under the Roman-Dutch Law was merely an agent of the heir and had not the same power and authority as an executor under the English Law.

The powers of an executor appointed under a will proved before the date of the Charter of 1833 must be regulated by the Roman-Dutch Law and not by the English Law.

According to the Roman-Dutch Law property burdened with a fidei commissum cannot be alienated by the executor except for the payment of the testator's debts and legacies, and then only, if there is no other property available for the purpose; or with the consent of all the beneficiaries under the fidei commissum; or where the property is perishable; or on certain special grounds with the leave of the Court. When

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