Pedris Et Al. V. Fernando Et Al.,

1916 Present: Ennis J. and Shaw J.

PEDRIS et al. v, FERNANDO et al.

137-D. C. Colombo, 5,424/5,429.

Joint will-One daughter disinherited-Property bequeathed to survivor-Survivor dying without making another will-Does survivor die intestate-Does property pass to the children of joint testators except the disinherited daughter?

Where an heir or next of kin has been disinherited by a will and no specific devise or request has been made of the property to others, the disinheriting clause is not invalid; in such a case the next of kin, other than the persons named as excluded, are entitled to succeed.

Lidolis and Bocha were married in community of property and had three daughters, Lilian, Rosaline, and Madeline. By their joint will they confirmed certain deeds of gifts to their daughters, and a deed (No. 1ll) whereby Rosaline was " to receive Rupees

Thirty per month after our death." The will proceeded to declare that, beyond this, Rosaline should have no right to their estate, and expressly disinherited her. The will further contained  request of the residuary property to the survivor. Lidolis died first, and then Bocha, with

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