1937 Present: Abrahams C. J., Poyser S. P. J. and Maartensz J.

DE SILVA v. DE ALWIS

276-D. C. Colombo, 397.

Joint will-Massing of property for joint disposition-Meaning of property in ?reversion, remainder or expectancy?-Contingent interest included in disposition-Power of the survivor to alienate separate property-Separate property includes contingent interest-Forfeiture on remarriage.

Where a joint will of husband and wife was expressed in the following terms:

?We do hereby give and devise to the survivor of us all our immovable property whatsoever and wherever situate and 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 any 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 . . . .

?It is our will and desire that, if on the death of either of us, the survivor shall marry again, he or she shall thereupon forfeit all the life-interest hereby given