Appuhamy V. Perera Et Al.,

Present: Lascelles C.J. and Middleton J.    Oct.6,1911

APPUHAMY v. PERERA et al.

128-D. C. Kurunegala, 1,017.

Codicil-Revocation of will by destroying it-Is codicil also revoked ?- Ordinance No. 7 of 1840, s. 5

A testator intended to revoke both his will and codicil, but by mistake or ignorance destroyed only the will.

Held, that the codicil was not revoked.

Lascelles C.J.-Testamentary instruments can be revoked only in the ways prescribed in section 5 of Ordinance No. 7 of 1840; it is not open to us to hold that testamentary instruments can be revoked by implication.

THE facts are stated fully in the judgment of Lascelles C.J., as follows: -

" This is an appeal from a decree of the District Judge of Kurunegala admitting to probate a codicil to the will of Mellowa Arachchige Carolis Perera Appuhamy of Katuwellagama.

" The deceased executed a will on November 20, 1906, and on November 22 of the same year a codicil, in which he varied the terms of the will by increasing the share of the sons. Both the will and the codicil were prepared and attested by the Dunagaha Notary (Seneviratne), whose warrant to practise as a notary has since b

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