DINGIRI v. UNDIYA
Present: Shaw J. and De
Sampayo J
DINGIRI v. UNDIYA et al.
431-D. C. Kegalla, 4,534.
Kandyan
law-Husband dying leaving behind widow and illegitimate children-Life interest
of widow.
A Kandyan widow is entitled to a life interest in the whole of the acquired
property of her husband to the exclusion of her husband's illegitimate children.
KIRIBANDIYA, a Kandyan, died leaving a childless ." widow (who married a second
time after Kiribandiya died) and an illegitimate child, the second defendant, a
minor, who appeared by his guardian, first defendant.
The widow (plaintiff) claimed in this action a life interest in the entire
property, which consisted of only the acquired property of the deceased.
The second defendant contended that plaintiff was entitled to a life interest in
one-half of the property, and that second defendant was entitled to the entirety
of the property and to a life interest in one-half. The District Judge upheld
the contention.
The plaintiff appealed.
J. W. de Silva, for the
appellant.-The learned Judge is wrong in deciding that the plaintiff was
entitled to possession of only one-half. Her second marriage does not d
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