Present : Mr. Justice Wood Renton and
Mr. Justice Grenier.

BINDUA v. UNITY et al.

D. C, Negombo, 7,639.

Donation-Acceptance-Question of fact-Acceptance by brother of minor donee-Action on a mortgage bond against children of mortgagor- No estate left behind by mortgagor-Is plaintiff entitled to get a money decree 1

Acceptance may be manifested in any way in which assent may be given or indicated. The question of acceptance is a question of fact, and each case has to be determined according to its own circumstances.

Where a donation by a father to his children was accepted by his major son on his own behalf and on behalf of his minor children, and where the donor surrendered the property to the donees after the execution of the deed of gift, and where the major son possessed the land thenceforward and his minor brother and sisters took the produce themselves on becoming majors, and where the children dealt with the land as owners while the donor was still alive,--

Held, that there was sufficient acceptance of the deed of gift.

In an action on a mortgage bond by a mortgagee against the children of the deceased mortgagor, the Supreme