1915. Present  : Ennis J. and De Sampayo J.

MARIKAR v. NATCHIA.

94-D. C. Puttalam, 359.

Muhamadan low-Intestate dying tenting widow, female children of paternal uncles, and agnate grandsons of paternal uncles-" Residuary ''-" Sharer."

Under the Muhammadan law, in default of nearer male agnates, the paternal uncles' sons' sons, how low soever, are entitled to the residuary estate to the exclusion of female agnates more remote than sisters.

The Ceylon Muhammadan Code appears to make no provision for intestate succession other than to set out the shares of those entitled as " sharers," It contains no provision for the distribution of residuary estate.

The paternal nudes' agnate grandchildren are " residuaries."

THE facts appear from the judgment.

A. St. V. Jayewardene, for appellant.

Drieberg, for respondent.

Cur. adv. vult.

October 6, 1915. Ennis J.-

This is a question of succession under Ceylon Muhammadan law, The intestate died leaving surviving him a widow, three female children of paternal uncles, of whom the intervenient appellant is one, end agnate grandsons of paternal uncles. The paternal uncles' grandsons claim the residuary esta