FERNANDO v. SOYSA
1919.
Present: Ennis A.C.J, and Loos A.J.
FERNANDO et al. v. SOYSA.
117-D. C. Chilaw, 6,022.
Donation to take effect after donor's death-Donation inter vivos-Mortis
causa-Executrix de son tort-Widow selling property without joining the
children-Debts.
A gifted a property to B "as a gift that cannot be revoked at any time for any
reason whatever, which' is to be owned by him after my death."
Held, that was not a donation mortis causa, but a donation inter vivos
" A donation inter vivos vests at once in the donee, and it is only the delivery
of the property which is postponed till a later date; and with the consequence
that the donation is transmitted to . the donor's heirs if the
donee happens to die before the donor."
THE facts appear from the judgment.
Samarawickreme, for the appellants.
A. St. V. Jayawardene, for the respondent.
July 7, 1919.
Ennis A.C.J.-
This was an action for declaration of title to a half of a defined
one-fourteenth portion of a land called Davulkurundumukalana. It appears that
the land was granted in 1889 by the Crown to one Domino Perera, who
divided it
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