Hawke Et Al. V. Sabapathy Et Al.,

1939 Present: Keuneman and Wijeyewardene JJ.

HAWKE et al. v. SABAPATHY et al.

202-D. C. Kandy, 45,395.

Fidei commissum-Gift to mistress and children-Prohibition against alienation-No designation of persons benefited-Prohibition void-Partition of land-Not of a permanent character-Partition not expedient.
 
By a deed of gift H donated an undivided one-fourth share to his mistress R and the remaining three undivided shares to the children begotten by her and, also, the children to be borne by her to him, to be held by them for ever and for their own use and benefit absolutely. The gift was made subject to the following among other conditions: -

?(1) That in case of the death of all the said children their shares shall devolve to me.

?(2) That the said donees or any of them shall not under any pretences whatsoever sell, mortgage, or alienate the said estate or any portion thereof or any of their right, title, or interest therein and thereto during my lifetime without my consent thereto first had and obtained.?

One of the children sold her interests in the land to the plaintiff without the consent of H.

Held, that the prohibi

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