1913 Present: Pereira J. and Ennis J.

WIRASINGHE et al. v. RUBEYAT UMMA et al.

222-D. C. Matara,, 5,654.

Fidei commissum residui-Usufruct-Joint will-Expert.

The joint will of A and his wife B, who were married in community of property, contained the following clauses :-

" (2) It is directed that all the movable and immovable property belonging to us be possessed by us, the above-named, during the lifetime of both of us according to our wish ; if one should die and the other survive, the person who lives is directed as far as in us lies to possess the property according to his or her pleasure, and also to do whatever he or she likes with it.

" (3) It is directed that after the death of both of us all the movable and immovable property belonging to us shall devolve on the children, grandchildren, and such other heirs descending from us."

Held, that the will created a fidei commissum residui, and that the survivor was a fiduciary with free power of alienation.

PEREIRA J.-In the case of a fidei commissum residui, the fiduciary should, generally speaking, allow at least a fourth share of the inheritance to go down to the fidei comm