1929. Present: Dalton and Akbar JJ.

PALIPANE v. TALDENA et al.

425-D. C. Kurunegala, 12,562.

Fidei commissum-Prohibition against alienation to an outsider- Personal prohibition-Alienation by descendant acquiring interest by purchase.

Where a last will bequeathed property to the children of the testator and the grandchildren (issue of a deceased child) and
provided as follows : -

" It is my express will and desire that my said children and grandchildren shall not sell, mortgage, lease for more than a year, gift or otherwise make over the said property to any outsider, i.e., to any one who is not a descendant of mine."

"If any of my said heirs, or in failure, their lawful issue, shall contravene the provisions contained in the clause hereof, such heir, or lawful issue, shall forfeit all claims to any share whatsoever in my estate,"

Held, that the prohibition against alienation was persona! to the immediate devisees and that it did not bind a descendant of the testator, who had acquired an interest by purchase from one of the devisees.

THE plaintiff, as the executor and as a devisee under the last will of his father, P. B. Palipane, s