Present:  Bertram  A.C.J, and Shaw J.

FERNANDO v. FERNANDO.

92-D.C. Colombo, 48,190.

    Resulting trust-Property bought by mother in the name of her son- Election by son under mother's will-Costs of action-Administratrix.

When property is bought in the name of one person with money of another, there is a presumption of a resulting trust in favour of the person who provides the money. This presumption does not arise where property is bought by a father or another person in loco parents in the name of the child. In such a case a strong presumption arises that it was intended to be a gift to the child. Such a presumption (of gift) does not necessarily arise in the case of a mother, but only when she has placed herself in loco parentis within a special legal sense, i.e., when she has assumed an obligation to provide for the child. Very little evidence is wanted to establish that a mother stands in loco parent's. The presumption of gift in favour of the child can be displaced by evidence of the intention of the parties.

In order that a person who is put to his election (of his rights under a will) should be concluded by it, two things are n