Jayasinghe Et Al. V. Jayasundera

1921   Present : Ennis J. and Schneider A.J.

JAYASINGHE et al. v. JAYASUNDERA.

362-D. C. Galle, 15,510.

Gift by husband-Fraud on the community-Action by administrator of wife for cancellation of deed-Personal action.

An action for cancellation of a deed of gift by a husband on the ground that it was a fraud on the community does not lie with the administrator of the estate of the wife. " Such an action might have been open to the wife herself as a personal action, or possibly to her heirs after her death as a personal action."

THE facts are set out in the judgment of the District Judge (L. W. C. Schrader, Esq.): -

Don David Jayasundera and his wife Egodage Gimarah were married together in community of property and died on May 6,1914, and November 25, 1912, respectively, leaving four sons and two daughters.

The sons are Eporis (first), Abraham (second), David (the original third defendant), and Soyadoris; and the daughters are the plaintiff's wife (added second plaintiff) and another, who married the Customs Arachchi.

2. By a series of deeds Don David bestowed the property of the community upon the children, except the plaint

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