1935   Present   :  Koch J and Soertsz A.J.

SILVA v. SILVA.

 416-D. C. Colombo, 839.

Joint will-Property devised to survivor-All property in possession, reversion remainder or expectancy-Fidei commissum in favour of children- Right of survivor to deal with property acquired after the death of husband.

Where a joint-will contained the following clause: "We do hereby give and devise to the survivor of us all our immovable property whether in possession, reversion, remainder or expectancy (nothing excepted) subject to the express condition that such survivor shall not sell, lease, mortgage or otherwise alienate or encumber such property, but shall only enjoy the rents, profits, and income thereof during his or her natural life and that after his or her death the said property shall devolve on our children absolutely ",-

Held, that the survivor had no disposing power over property acquired by her after the death of the husband.

THE plaintiff instituted this action against his wife to recover a X sum of Rs. 2,027.79 alleged to be due to him as his half share of the rents and profits accruing from a property situated in Gasworks

street, Colombo