Mohamed Anver Mohamed Ashrof v. Merryl Ephram Henry De Almeida – SC APPEAL NO. 71/2017-2022

In the case between the beneficiaries under the Last Will of Benedict de Andrado (Plaintiffs) and, inter alia, Violet de Andrado’s executrix and a bona fide purchaser (Defendants), the Supreme Court addressed whether the Will created a fidei commissum or merely granted a life interest over the rest and residue of the estate. It was held that the language of the Will and the operation of the Abolition of Fidei Commissum Act were central in determining the extent of interest vested in Violet de Andrado. The principal question concerned whether the subsequent conveyances of the property by the executrix conferred valid title to the Defendants or if the beneficiaries retained rights to relief. The Court examined statutory interpretation, principles of fidei commissum, and the intention of the