1922 Present : Ennis and Porter JJ.

FERNANDO et al. v. FERNANDO.

239-D. C. Negombo, 14,501.

Property gifted by parents to child subject to the life interest of both- Death of mother-Is father entitled to life interest over the entire property ?

Where a property was gifted by a father and mother to their child " subject to the life interest of us both donors."

Held, that on the death of the mother a half share of the property became the absolute property of the donee, and that the surviving parent was not entitled to take the life interest of the half share,

THE deed of gift in question was as follows: -

P. I.

DEED OF GIFT.
No. 819.

Know all men by these presents: We, Kurukulasuriya Weerasinghe Marceline Fernando and wife Kurukulasuriya Weerasinghe Charlotta  Peries, both of Negombo, hereinafter called the donors, for and his consideration of the love and affection that we have at and towards Kurukulasuriya Weerasinghe Manuel Lazer Fernando and wife Kurukulasuriya, Mary Polorens Jane Fernando, both of Negombo aforesaid, hereinafter called the donees, and for diverse other good causes, the following land more fully described here below