Valipillai V. Saravanamuttu Et Al

1914 Present: Ennis J. and De Sampayo A. J.

VALIPILLAI v. SARAVANAMUTTU et al.

22-D. C. Jaffna, 1, 323,

Tesawalamai-Man dying issueless leaving nephews and nieces by a deceased sister-Do nieces only succeed to the intestate ?

Where a man died intestate and issueless, but leaving him surviving sons and daughters of a deceased sister, both the sons and daughters of the deceased sister succeed to his estate; the daughters do not exclude the sons of the deceased sister.

THE facts appear from the judgment.

H. J. C. Pereira (with him Wadsworth), for appellants.

Bawa, K. C. (with him Kanagasabai and J. Joseph), for respondent.

Cur. adv. vult.

March 4, 1914. Ennis J. -

This is an appeal from an order of the District Court of Jaffna refusing to allow the twelfth, thirteenth, and fourteenth respondents in the original cause to take further part in an inquiry for a judicial settlement of a deceased's estate on the ground that they were not heirs of the deceased. It would seem that the first respondent also came within the scope of the order, but from some confusion has not been definitely mentioned. The first, twelfth, thirteenth,

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