Siti kadija Et Al V. De Saram Et Al

[ IN THE PRIVY COUNCIL ]

1946 Present: Viscount Simon, Lord Thankerton and Sir John Beaumont.

SITTI KADIJA et al., Appellants, and DE SARAM et al.,
Respondents.

PRIVY COUNCIL APPEAL NO. 39 OF 1945.

S.C. 211- D.C. Colombo, 2,025

Fidei commissum ? Last will of Muslim- Difficulty of construction no impediment id fidei commissum was intended- Difference between fidei commissum and trust.

Where a will left by a Muslim contained the following clauses: -
   
? I do hereby will and desire that my wife. ? . . . . and my children . . . . . and my father . . . . . . . who are the lawful heirs and heiresses of my estate shall be entitled to and take their respective shares according to my religion and Shafie sec.? to which I belong, but they nor their heirs shall not sell, mortgage or alienate  any of the lands, houses, estates or gardens belonging to me at present or which I might acquire hereafter, and they shall be held in trust  for the grandchildren of my children and the grandchildren of my heirs and heiresses only that they may receive the rents income and produce of the said lands, houses, gardens and estates without encumbe

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