Fonseka Et Al. V. Babunona

 

Present : Mr. Justice Wendt and Mr. Justice Grenier.

 

FONSEKA et al. v. BABUNONA.            

 

D. C., Galle, 8,533.

 

Joint will-Usufruct-Dominium-Fidei commissum-Rights of survivor Power of alienation.
 

 A joint last will made by husband and wife contained the following   clauses:-
 

" 3.-We do hereby direct that after the death of either of us, the survivor of us may only possess the produce of our estate as such survivor may please, and we do hereby prohibit the survivor of us, after the death of either of us, from in any manner alienating according to the survivor's sole will the movable and immovable property   belonging   to   our   estate.
 

" 4.-We do hereby direct that after the death of both of us, should there remain unspent any movable and immovable property, the same should be divided into two equal halves, one-half to go to the heirs by blood of Gampolage Adirian Fonseka, and the remaining half to the heirs by) blood of Christina Andra Waas."
 

Held, that under the above provisions the survivor had only a usufruct in the property, and had no power to alienate any  part of  it.         

 

APPEAL  

Click Here to Read the rest of this document