Pedris v. Fernando and Another – sllr 1984 volume 1 page 274

In the case between the plaintiff (sister of Lambert Cornis Fernando) and the first defendant (Lambert Cornis Fernando’s only child, among other defendants), the court addressed the issue of whether prohibitions on alienation in the Last Will (P1) and deed of gift (P3), which restricted certain forms of property transfer (sale, mortgage, donation, lease by act inter vivos), extended to and thereby disallowed testamentary dispositions by Last Will. It was held that a testamentary disposition by will is not an act inter vivos and is therefore not barred by the restriction; alienation by Last Will is not prohibited by the language of the instruments in question. The principle reaffirmed is that prohibitions on alienation must be strictly construed and do not extend to restrict testamentary di