1946 Present : Jayetileke and Canekeratne JJ.

FERNANDO, Appellant, and PEIRIS Respondent

88- D. C. ( Inty.) Chilaw, 2,324.

Will ? Undue influence
   
Where a testator, when he was seriously ill, executed a will devising and bequeathing to his wife all his property and the validity of  the will  was challenged on the ground of undue influence the only evidence in support of the plea being that at the time of the execution of the will  the wife was present and was weeping-
   
Held, that the court was not entitled to presume that the wife exercised under influence on the testator.

APPEAL from a judgment of the District Judge of Chilaw.

               L. A. Rajapakse, K. C. (with him C. S. Barr Kumarakulasinghe and  T. B. Dissanayaka), for the petitioner, appellant.-

The doctrine of influence is taken over from the English Law. We have adopted it. It is a doctrine applicable to transactions inter Vivos, e. g. ,conveyances, deed of gifts, &c.

This is a case of a Last Will.

No such doctrine is applicable in the case of Last Wills. The existence of a fiduciary relationship or active  confidence does not create any presumption of undue influ