1916 Present: Wood Renton C.J. and De Sampayo J.

VYRAVAN CHETTY v. FERNANDO.

466-D. C. Kandy, 22,981.

Legacy to a mistress, subject to the condition that she should not marry again-Is condition void?

A condition in restraint of marriage is against public policy, and; is therefore void. But a condition against a second marriage imposed upon a surviving spouse should be observed, in order to prevent a forfeiture; the condition affects only a widow or widower, and not a mistress.

A deserted his lawful wife and kept M as his mistress. By his last will A devised certain lands to M, subject to the condition that should M " take a husband after my death, or behave in any way disgraceful in the family, she shall thereupon forfeit all right to any share of my estate. . . . . . ."

After A's death M began to live with J, and subsequently married J.

Held, that M did not forfeit her rights to the property bequeathed to her.

THE plaintiff-appellant sued to be declared entitled to certain lands, on the footing that he had bought them at a Fiscal's sale against eighth added defendant, Ukku Menika.

The defendant and the added defendants, who are