1938 Present: Hearne J. and Wijeyewardene A. J.

APPUHAMY v. PERERA et al.

54-D. C. Colombo, 7,349.

Inheritance-Estate of illegitimate person-Husband sole heir in absence of mother-Other illegitimate brothers and sisters not entitled to succeed-Ordinance No. 15 of 1876, ss. 30, 36, 37.

Where an intestate, a person of illegitimate birth, dies leaving surviving her, her husband and other illegitimate children of her mother.

Held, that the husband was entitled to succeed to the entire estate.

APPEAL from a judgment of the District Judge of Colombo.

One Podihamy had seven illegitimate children, one of whom was Lucia. Lucia married in 1901 and died intestate in 1935 without leaving any descendants. The appellant, as surviving husband of Lucia, claimed the entirety of Lucia's property to the exclusion of the respondents who were either some of the illegitimate children of Podihamy or their descendants. The District Judge held that the husband was entitled

to half of the intestate's property and the respondents to the others half. He was of opinion that The Matrimonial Rights and Inheritance Ordinance, No. 15 of 1876, did not pr