1912 Present: Lascelles C.J. and Wood Renton J.

SELEMBRAM et al. v. PERUMAL et al.

242-D. C. Colombo, 32,611.

Fidei commissum-Direction that property be possessed by heirs in perpetuity-" Heirs " sufficient designation of party to be benefited.

A testator bequeathed a house to his sisters Anna and Maria subject to the condition " that they shall not sell, mortgage, or in any other manner alienate the said house and premises, but that the same shall be always held and possessed by them and their heirs in perpetuity under the bond of fidei commissum."

Held, that a valid fidei commissum in favour of the heirs ab intestato of Anna and Maria for the full period allowed by the law was created by the clause.

THE facts are set out in the judgment.

J. Grenier (with him Drieberg), for plaintiffs, appellants.

De Sampayo, K.C. (with him Bawa, K.C., H. A. Jayewardene, E. W. Jayewardene, and A. St. V. Jayewardene), for defendants, respondents.

Cur. adv. vult.

November 22, 1912. LASCELLES C.J.-

The question on which this appeal turns is whether a valid fidei commissum was created by the will of Gabriel Rodrigo Bastian Pulle, and if so, what was t