Sopinona V. Abeywardene Et Al.,

Present: Dalton and Drieberg JJ.

SOPINONA v. ABEYWARDENE et al.

357-D. C. Galle, 23,160.

Fidei Commissum-Prohibition against alienation to outsider-Seal prohibition-Intention of testator.

Where a testator bequeathed certain property to three brothers, the children of a deceased grandson, subject to a fidei commissum
in favour of their heirs, and where the last will contained a prohibition against alienation except among the co-legatees and heirs,-

Held, that the fidei commission was a real one and that it attached, to a share of the property purchased by one of the legatees from another.

THIS was a partition action in which two questions arose for decision, turning upon the construction of the terms of the last will of one Madalena Hamy. The relevant clauses were as follows:-

(1) I do hereby grant and bequeath out of £ part of the movable and immovable property of my estate, 1/5 part to my grandson Andris Wijeyasekere, another 1/2 part to Edward, Henry, and Richard Wijeyasekere, and the other 1/2 part to> David Perera Wijeyatunge . . . .

I do further direct that the property bequeathed to the parties named, who are the l

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