[Privy Council.]

Present: Viscount Haldane, Lord Buckmaster, Lord Dunedin.        
                             
PEDRIS et al. v. FERNANDO et al.

Joint will-One daughter disinherited-Property bequeathed to surviving spouse-Survivor dying without making another will-Does survivor die intestate ?-Is disinherison inoperative ?

Lidolis and Bocha were married in community of property and had three daughters, Lilian, Rosaline, and Madeline. By then-joint will they confirmed certain deeds of gift to their daughters, and a  deed whereby Rosaline was " to receive Rs. 30 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 a request of the residuary property to the survivor. Lidolis died first, and then Bocha, without having made another will.

Held, that Bocha had not died intestate.

Where an heir 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.