Samaradiwakara Et Al. V. De Saram

[IN REVIEW.]

July 18,1910

Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice,
Mr. Justice Middleton, and Mr. Justice Wood Renton.

SAMARADIWAKARA et al. v. DE SARAM et al.

D. C, Colombo, 26,602.

Joint will-Fidei commissum-Usufruct-Widow-" Lawful heir."

The joint will of James Alwis and his wife Florence, who were married in community of property, provided that, in the event of the testatrix surviving the testator, certain properties should vest in the testatrix, subject to the conditions, inter alia, that the testatrix should not have the power to sell or otherwise alienate the same, but should have a life interest therein. Upon the death of the survivor the property was to vest in Edwin Robert. Edwin Robert survived the testator, but predeceased the testatrix.

Held, that under the last will the dominium vested in the testatrix, subject to a fidei commissum in favour of Edwin Robert; and that as Edwin Robert predeceased the testatrix, the title vested absolutely in her.

The joint will further provided that with respect to certain specified properties that they should not be sold, or in anywise alienated or

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