1945 Present: Rose J.

SUFFIYAN, Appellant, and ANDRIS APPU, Respondent.

17-C. R. Matara, 469.

Fidei commissum-Devise to children and descendants- Rule of intestate succession not applicable- Muslim Last Will.

Where a Muslim devised property to his two children ?to be always possessed by the said two children and their descendants??

Held, that on the death of a devisee his child would take according to the general Law and not according to the rule of intestate succession applicable to Muslims.

Jameel v. Haniffa et al. (42 N. L. R 470) distinguished.

APPEAL from a judgment of the Commissioner of Requests Matara.

              L. A. Rajapakse, K. C. (with him A. Seyed Ahamed), for the second defendant, appellant.

             N. E. Weerasooria, K. C. (with him M. I. M. Haniffa), for plaintiff respondent.

           M. I. M. Haniffa, for third defendant, respondent.

Cur. adv. vult.

December 6, 1945. ROSE J. -

The substantial point raised in this appeal is as to the interpretation of a certain clause in the last will of one Meerakandu which was executed in 1826. The clause in question in so far as it is material reads as follows:-