In Re The Estate Of Dingirala

In re THE ESTATE OF DINGIRALA
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91-D. C. Kandy (Testamentary A).

Document executed by person when very ill-Document in the form of a deed-Intention to dispose of property by last will.

Where a document executed by a person was somewhat in the nature of a deed, but where it was clear that he intended that it should take effect as a testamentary disposition, the Court gave effect to the document as a last will.

THE facts are set out in the judgment.

This was an appeal from a refusal of the District Judge of Kandy to admit to probate the document which was put forward as a will, on the ground that it was not a document intended to take effect after the grantor's death, but an immediate gift.

The document (translation) was as follows: " Know all men by these presents that I Dingirala, of . . . . , being now afflicted with the disease called Ratta-attisara (dysentery), and being convinced that by this disease my life will become extinct, and during the time I have my sound mind and memory, I am desirous of making over my paraveni lands to my son, who is with me, rendering me assistance, the following property [here follows the names

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