Kularatne and Another v. Gunatilleke – sllr 1994 volume 2 page 258

In Kularatne and Another v. Gunatilleke, involving plaintiffs Kularatne and another and defendant Gunatilleke, the Court examined whether Don Abraham’s Last Will conferred a mere life interest (usufruct) on his wife Podinona Hamine or established a fideicommissum (resulting in a deferred transfer of title). The determination affected whether the property reverted to the plaintiffs, Abraham’s nephews and nieces, on the wife’s death or passed absolutely to the defendant. It was held that the Will provided only a life interest for Podinona Hamine, with reversionary rights vesting in the plaintiffs upon her death. The principle reaffirmed is that clear testamentary language and established legal authority govern whether an estate is devised as usufruct or via fideicommissum. The decision rever