Ceylon Mutual Provident Asssociation V. Mendis

Present : Ennis and Schneider JJ. 1922

CEYLON MUTUAL PROVIDENT ASSOCIATION v.
 MENDIS et al,

91-D. C. Colombo, 487.

Mutual Provident Association-Member nominating a person to receive credit balance and contributory call-Death of nominee-Rule that in absence of nominee sum to be paid to widow or heirs of member- Devise in last will of member to third party.

Under the rules of the Ceylon Mutual Provident Association, each member could nominate a person of a specified class to be the person to receive the credit balance and contributory call on the death of a member. In the absence of a nominee, the credit balance and contributory call were to be paid to the member's widow, and if there be no widow to his children, and if there be no children to the next of kin or legal heirs. S, a member, nominated D, who died before S. 'I hen S died leaving no widow or children, hut only a sister and nephew as heirs. By last will S devised this specific sum to the widow of D.

Held, that the widow of 1) was entitled to the sum in question under the last will.

ENNIS J.-" The rules merely say that the money shall be paid to a nom

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