1936   Present: Dalton S.P.J., Akbar and Poyser JJ.

VANDERSTRAATEN v. EATON.

 67-D. C. (Inty.) Kandy, 5,127.

Inheritance-Uncles and aunts-Includes those of half blood-Matrimonial Rights and Inheritance Ordinance, No. 15 of 1876, s. 35.

The expression " uncles and aunts" occurring in section 35 of the Matrimonial Eights and Inheritance Ordinance includes uncles and aunts of the half blood.

CASE referred to a Bench of three Judges on a construction of section 35 of the Matrimonial Rights and Inheritance Ordinance. The question arose on the administration of the estate of the late Eva Eaton, who died unmarried, intestate and without issue. The point for determination was whether the words " uncles and aunts " in the section mean uncles and aunts of the full blood only or whether they include uncles and aunts of the half blood.

H. E. Garvin (with him Ameresinghe and Mackenzie Pereira), for appellant.-Some of the respondents are the descendants of the paternal grand-father of the deceased by a second marriage. By a third marriage, there is also a child of the paternal grandfather of the deceased, who is a step aunt. We say that the respo