1942 Present: Howard C.J. and Hearne J.

CHINNIAH v. FERNANDO.

64-D. C. Colombo, 2,390.

Trust-Power given by wife to husband to invest or reinvest proceeds of sale of property for the benefit of children-And to distribute or redistribute moneys in terms of last will-Conveyance of property and money in court to children subject to conditions-Right of children to draw the money.

Mrs. Chinniah in anticipation of the sale of certain property she had inherited appointed her husband Chinniah trustee over the proceeds of sale for the benefit of her children. The powers given to the trustee by the document (P 1) included (a) to receive all the proceeds of the sale of the property and to hold the same in trust for the children, (b) to invest or re-invest the said moneys in any manner he thinks proper. (c) to distribute or redistribute the said moneys in terms of the last will and testament already executed, among the said children. By (P 2) Chinniah conveyed three allotments of land to three children and also the money lying in the District Court of Jaffna.

The habendum clause states that the premises conveyed or intended to be are to be held, s