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KIRI MENIKA v. RAN MENIKA


Kiri Menika V. Ran Menika

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

KIRI MENIKA v. RAN MENIKA.

36-D. C. (Inty.) Kurunegala, 1,295.

Kandyan law-Person dying childless-Acquired property-Intestate  succession-Does a niece exclude the widow?-Rule when widow is ewessa cousin of husband-Rule as to movable property.

Under the Kandyan law, where a person dies childless, the widow is entitled to the movable property, except heirlooms.

As regards landed property, the general rule is that the widow is excluded by the deceased's parents and brothers and sisters and their issue, but she has the same life interest in her husband's acquired and hereditary property as the widow of a husband who died leaving issue. If the barren widow be the husband's paternal aunt's daughter or his maternal uncle's daughter, she inherits next to full brothers the acquired lands.

THE facts are set out in the judgment.

A. St. V. Jayewardene, for appellant.

Bawa, K. C, for respondent.

Cur. adv. vult.

May 23, 1916. DE SAMPAYO J.-

This appeal raises an interesting point of Kandyan law under the following circumstances. Ukku Banda died intestate and issueless, and letters of admini



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