1921 Present: Bertram C.J, and De Sampayo J.

SOYSA v. CECELIA et al.

 88-D. C. (Inty.) Kandy, 3,166.

Last will-Request of all properties to executor-Conditions that executor should pay certain sums of money to widow and to children on their attaining I8 years of age-Does obligation attach to the properties, or are they personal ?Trust-May the obligations be enforced against executor by application in testamentary action, or must it be by a separate action ?

W bequeathed all his property to his brother J, subject to the following conditions:-

(a) The payment of debts ;

(b) Payment to widow of Rs. 50 monthly ;

(c) Education and maintenance of his children, of whom J was to be guardian ;

(d) Payment of Rs. 5,000 to the children on their attaining 18 years of age ;

(e) In the event of any children dying, his share was to go to the survivor ;

(f) If no child lived so as to become entitled to the gift all the moneys so to be apportioned were to go to a High Priest,

Held (1) that the will did not make an absolute gift of the properties to J, the executor ; (2) and that J's obligations to the widow and children were not purely personal