1944 Present : Howard C.J. and de Kretser J.

DE SILVA, et al., Appellants, and DE SILVA, et al., Respondents

90-D. C. Colombo, 2,187

Last Will-Condition against marriage-Prohibition to marry outside the Buddhist Goigama community of the Sinhalese race-Condition void, for uncertainty.

Where a last will contained the following clause:-It is my will and desire that none of my aforesaid children shall contract a marriage with those not belonging to the Goigama community of the Sinhalese race or not professing Buddhism. Such a marriage should further be sanctioned by all or a majority from and out of the following five persons . . . . In case any of my children contract a marriage contrary to these instructions such child or children shall forfeit whatever rights they may have acquired under this will and the property left and bequeathed by me to such child or children shall enure to the benefit of the remaining children . . . .

Held, that the condition imposed by the will was void for uncertainty.

Held, further, that where one climb of a composite condition is void it would sufficient to defeat the forfeiture.

APPEAL from an order of th