Halangoda v. Madugalla and Others – sllr 1985 volume 1 page 397

In the case between the widow and administratrix of Harry Halangoda (substituted Petitioner-Appellant) and the respondents, including the testatrix’s sister and the children of her brother Victor Delwita, the court addressed whether the life interest created by the testatrix’s Last Will for Harry Halangoda constituted a trust affected by Section 5 of the Abolition of Fideicommissa and Entails Act No. 20 of 1972. It was held that the life interest granted did not extend to the capital of the trust, limiting the beneficiary’s entitlement to income only, and thus the statutory provision did not apply. The appeal to claim the trust fund absolutely was consequently dismissed, reaffirming that only the dividends accrued up to the death of Harry Halangoda could be claimed, and the trust capital w