CHINA MAIL MONDAY, FEBRUARY 17, 1936
FAREWELL DINNER CHATER WILL CASE
TO KARLSRUHE
Festive Send-Off At German Club
CAPTAIN SIEMENS' THANKS TO HONG KONG
The
"Counsel for the appellants legatees by deeming that toeral tarma where there has made two submissions in have been done which ought to for payment of the support of his contention that have been done. He also relies of a particular fund" (per
Herbin v. Masterman, LJ în re Campbell" (supra). such a settlement was effected; on
*It is bene” that the firstly,
that in the Will itself (1896) 1 Ch351 as showing can be found much a direction to that a residuary legatee has the sign in A. G. T. Watson (isprs) appropriate part of the estate right to have part of the de- goes a step further in haid- estate appropriated ing that the gift of an amuity to answer the annuity as con- ceased's German Club was
last stituted a settlement, and that and set aside to answer an an- simpliciter does give the annuitant jan interest in the testator's resi- night the scene of a farewell din- therefore, although no appro-nuity given by the Will
*In support of his second sub- duary estate, but this decision and ner given by the members of the pristion was in fact made by local German community to the the trustees, equity will regard mission, Mr. Macnamara contends that in the later case of A. G. 7. officers and men of the Karlsruhe. that as done which ought to that, even if no appropriation was Cool (1921) SK. B.607, where an All the officers of the visiting have been done; and secondly, made or deemed in equity to have annual payment was charged on annuity been made, yet the bequest of four fifths of the residuary ›› en- cruiser were present, while the that the gift of an
the Lady Chater's sanity was a settate, go no further than to sa5- lower ratings were represented by simpliciter charged upon
residue of the estate was just tlement as defined by s.25 (2) of that the interest of the annuitant a delegation.
as much a settlement as if the the Estate Duty Ordinance in that in such a case is such an interest Although the limited
interest in pro-as, though it does not actually made it necessary to restrict the annuity had been charged upon it save her an
to local a definite portion of the estate-perty which stood for the time pass to any other person on the number of invitations
MATERIAL PROVISIONS being limited
to her by way of annuitant's death, yet is deemed Germans and others, more than
“As regards the first of these succession" He does not contend so to pass in accordance with the 300 guests attended. The resubmissions, the material pro-that her interest extended to the provisions of sec. 2 (1) of the Fin- tion committee, who did not invisions of the Will are as fol-whole of the residuary estate but ance Act, 1894 (37 and 58 Vict.
undivided merely to az tend to run any risks, had held a lows:-
Ic 30). (5) I bequeath the follow-thereof large enough to answer ing annuities, etc etc her annuity and therefore suff- (a). To my wife during ciently ascertainable to heroine
her life the sum of settled property. ten thousand
AUTHORITIES CITED "He has drawn our pounds sterling
space
"rehearsal" on Saturday to make sure that the floors could stand the combined weight of the guests expected.
decorations designed by Mrs.
The Club, with
its delightful
Ammann, presented an unusually
guests.
share
.L
Above: Some of the young guests at the Children's Party on board the cruiser Karlsruhe, on Thursday - last. Right: A kindly meuman endeavours to interest one of the little oues, who apparently does not like the sea. ("China Mai" photos).
come
"It was agreed that B had to) ESTATE DUTY ORDINANCE. bear her proportionate share of "That sub-section is the source the settlement estate duty paid of s.s. 2 of s. 3 of the Estate Duty in respect of the whole settled re- Ordinance, 1932, and it seems sidue on the testator's death, and clear therefore that Lady Chater it was further held by the Court attention had an interest, ceasing on her that she must also bear her pro- *(8) Subject to the payment to a number of authorities, all of death, in her husband's residuary portionate share of the estate duty gay picture, the room transform- of my funeral and testamentary which he cited in the Court below, estate which must be deemed to payable on the death of A, the be-
in particular to AG. T. ed into a Bavarian village being expenses, etc, and subject to and
with
an-Watson, (1917) 2 K. B. 42, and have passed on her death and to ing regarded as enjoying the in- especially popular
the making provision for any
have therefore attracted estate come from an actual or notional Another room contained nuities bequeathed by this my argues that although those cases the cold buffet, with an almost Will or by any Codicil thereto do not specifically establish that duty to the extent to which à be part of the settled estate.
nefit accrued or arose by virtue of "In my view, however, tais de- the gift of an annuity simpliciter the cesser of such interest. Were cision does not help the appellants endless choice of German del-my Trustees shall invest, etc cacies to tempt the appetite. The (13) I dedare that my Trus-is a settlement, yet they leave the
the appellants need since the reason for B's liability cruiser furnished two dance or tees shall be at liberty if they point open, the remarks thereon that not so,
the water not have called the provisions of to pay a proportionate share of chestras, which played alternate so think fit to appropriate and jof Sargant
5.25 of the Ordinance of their aid. the duty was not that her interest set apart out of my residuary(1916) 1 Ch.153 stp.158 being 15.
"I do not, however, think there in the estate was in itself settled During the evening Captain estate investments represent-merely obiter and that the judg
of the ing such a capital fund as shall ment of Lush J. in A. G. v. Wat- substance in Mr. Macnamara's property or that her notional or Siemens, commander Karlsruhe, thanked the British as at the time of appropriation be sou decides that an annuity is not argument that because the Will actual slice of the estate was pro- gave Lady Chater this interest in perty settled upon herself but that to produce the well as the German community sufficient
aat any te a legacy payable by her husband's residuary estate it her slice being itself past and par- for the delightful time they had nual sums directed to be paid instalmens but an interest in the
follows that her interest was it-cel of the settled residue has se- had here. "We are carrying away by Clause Five of this my Will estate which passes on the annuit
others, Le such self in the nature of settled pro- cordingly to bear its share of the with as unforgettable memories,with such a liberal margin for death, to
duty... he said. Herr Gipperich, the contingencies as in the opinion an interest as is within the mean-perty.
**For these ressons I sin of opin- the of my Trustees shail be suffing of 25 (2) of 5 (2) of German Consul spoke in
"Section 25 of the Estate Duty lion that this appeal fails and must same vein, and ML Martin Hess cient and I declare that when the Ordinance.
"With the first of these submis- Ordinance, 1932, reads as follows: be dismissed with costs." proposed the toast to the King such appropriation has been
sumssions I am not in agreement. Commodore Sedgwick in return made the said annual
shall be wholly charged on the "I can find no direction what- raised his glass to the Fuehrer,
Later in the evening prizes were investments so appropriated in ever in the words "subject to mak distributed in connection with the exoneration of the rest of my ing provision for any
which estate but that the capital of bequeathed by this my Will" in of the such appropriated investments Clause (8) of the Will requiring
may be resorted to in case ati
the trustees to set aside any part were any time the income thereof is of the residuary estate to answer Among those present
insufficient to pay any such an- Commodore Sedgwick, Capt.
of this clause is to provide for Murray of HMS. Dorsetshire, anal sum or sums and I further the annuities The whole object declare that on the cesser of any
various sporting events took place during the stay
cruiser.
in Canton.
annuities
Mr. S. H. Dodwell and Dr. Alten-such ammual sums such part of the distribution of the testator'a } burg, Consui-General for Germany the appropriated investments residuary estate, and the words as shall not in the opinion of quoted are no more than a recog- my trustees be required for the nition that this cannot be effected by the trustees without their first payment of the other annual sum or sums for the time being estimating what proportion of the payable under the trusts of this estate will be sufficient to answer
Will shall revert to and the annuities.
POLICE RESERVE Orders For The Current
Week
•
my
"Furthermore I find it impos- form part of my residuary essible to read into Clause 13 of the tate and that any surplus in-will anything resembling a de- Orders by the Hon. Mr. T. E come arising from the appro-aration of the trustees' right to King, Inspector General of Police.priated investments shall be ap
plied as income of my residuary postpone appropriation.
Athletic Sports The attention of all Police Re estate.' servists is drawn to the pro- gramme of the Police Athletic
14.30 hours. It includes two spe-
Reserve.
Chinese Company
Training Corse - Part
NO APPROPRIATION "The trustees
ABSOLUTE DISCRETION
SECTION CITED
RRESPONDENCE
Visit
wida pob haa`been given to the visit of Marysreć birth-control pro- renders of the local newspapers night easily be led to believe that the public are unani- meous in welcoming this lady, and ✨ that enlightened opinion is 1. together in favour of the cause that she is promoting. I wish therefore, to point out that the Catholic people of Hong Kong, in ommum with their co-religionists all over the world, are completely opposed to the practice and the advocacy of artificial birth control, and on their behalf I wish to enter fan emphatic protest against open. propaganda for it in this Colony.
control
The Catholic view of this pro- fpagands is that it is not merely immoral: but also highly danger- jous in its social consequences. In japite of the specious metamer in which the case for contraception is presented, it is ultimately an appeal to selfishness, and it is based on the principle that self- interest is preferable to self- control, and once this is admitted the whole basis of civilised life is undermined. The pretence that this practice makes for happier mount obligation upon the trustees married life and a diminution of to set apart out of the residue a
divorce is dishonest, for it is fund sufficient to pay the amuity condary to fact, and the claim of £10,000 to Lady Chater,
that it will do away with the ex- Clause 13 clearly gives the trusse for extra-marital relations tees a discretion to do so or not show, if it is seriously meant, a if they so think fit" According profound ignorance of human ly I am at opinion that equity nature. With the breakdown of cannot be invoked. in soyport of th restraint as is imposed by morial married life, there follows this appeal.
Now coming to the second sub- lessening of respect for the mission of Appellants Comsel, I institution of marriage, and then consider the sunnity to Lady lowering of the standards of truth and honour which are al- Chater as the gift of an annity simpliciter, there being, as stated, ways dependent on individual self- *(1) If estate duty has already
no direction in the Will to set been paid in respect of any set-
PUISNE JUDGE CONCURS.
Whatever may be said of Mrs. dled property since the date of the Mr. Justice Hayden, Acting aside a find out of which it was settlement, upon the death of one Prime Judge, said:
to be paid. The cases referred to Sanger's campaign in India, where of the parties to a marriage, no es-
"I concur. I have had the pri- by Mr. Macnamara do not support she was subbed by Gandhi and tate duty shall be payable on the death of the other party in
the vilege of reading the Judgment of the view that the gift of an saopenly opposed by
Hindus and Muslims, as well as marriage unless such person was at the President of the Court which nuity simpliciter would constitute the time of his or her death or had has just been delivered, and as I any portion of teststar's estate as by Catholics, there seems to be been at any time during the con- am in agreement with the views settled; indeed in one of them (re something peculiarly impertinent tinace of the settlement compe- therein expressed, including his Waller (1916) 1 Ch 153) Sargant about her coming with a "mes tent to dispose of such property?.
*(2) For the purposes of this views as to the reason for the J. at p. 158 expresses an opinion age" to China-a self-appointed section, the term settlement means decision in re Booth (1916) 1 to the contrary. This, it is true, emissary from the country that is: any deed, will, agreement for Ch. 349, to which our attention is merely obiter as the questiem most conspicuous in the world for settlement or other instrument, was drawn after the hearing of did not arise directly for decision. its low ser life to the country that is most, remarkable in the À LIFE INTEREST, any number of instruments, whe- ther made before or after or partly this Appeal, I shall not deal in
"Mr. Macnamara's submission world for its reverence for family before and partly after the com-detail with the cases referred to mencement of this Ordinance, m-by Appellants Counsel but confine is that the annuity in question was life. It is surely an unworthy der or by virtue of which instrumyself to a consideration of the interest in property which in-thing for a stranger to come to ment or instruments any property, two grounds on which Mr. Mac terest stood limited to or in a country and ask it to lower its ON 327 estate or interest in any property, stands for the time being namara, submits this appeal should trust for Lady Chater for Efe ideals. This is Mrs. Sanger's and passed on her death to the mission. The birth control ad- limited to or in trust for any per-be allowed
residuary legatees, the Armenian vocales philosophy of marriage Holy Church of Nazareth Lady is: sex for pleasure without the children; their Chater's interest was not an in-annoyance of terest in any specific part of the action of poverty is; let there be residue; she had merely an inter-no children. Mrs. Sanger has a est in the entire residue (admit-message for China. It is:
Yours truly, tedly unsettled), which interest Suicide. was limited to ensuring the pay-
THOS F. ETAN, SII "I fail to see how such an in-
Editor, The Rock” ment of her annuity of $10,000. terest can be regarded as a settled
VIEW SUPPORTED
the
settle consider
sons by way of succession, and the "As regards the first ground I term settled property means
before the equitable property comprised in a
maxim can be applied in the pre- zrent* "In my view 5.5. (2) must be sent case the Wil of the testator "The words my Trustees shall read to mean that a Will or other must contain a clear and impera- never made be at liberty, if they so think fit instrument is a settlement only if tive direction to set apart a fund Sports to be held at the South the appropriation allowed by to appropriate etc. give the it directs the appropriation of cer- to pay the annuity in question es-This would appear to be the view China Athletic Association, Caro-Clause (13). Had they done so trustees absolute discretion to ap-tain specific property, or an line Hill on Sunday, March 8th at it may be that a settlement as propriate or not to appropriate tate or interest in certain specific taken by the learned Judges of defined by $25 (2) of the Es-and the fact that they have exer property, to, or in trust for, any the Court of Appeal in re Two- cial races open to members of the tate Duty Ordinance, 1932, eised that discretion in a way that Iperson for life. Here the Will peny's Settlement (1924) 1 Ch. would have been effected and no may now cause Joss to the resi-directed no such appropriation. 522 as Pollock M. Bin his Jude Hong Kong Police Reserve, viz estate duty would have been leanary estate cannot entitle them
ment said at p. 529: 1. Event No. 5 100 yards openviable on the cesser
of Lady to call equity
"The words quoted above-- to their aid and This view is supported by to members of the Police Chater's annuity.
ask this Court to say that what statements in Hanson's Death Duperatively and definitely must be found appropriate to describe the "Mr. Macnamara, however, might have been done to the ad-ties (8th Edition) at p.105 "an an- effect of the instrument 2 Event No. 27 Relay Race contends that the words in vantage of the estate should be inuity simpliciter would not ap
open to all Contingents.
Clause (8) of the Will "subject deemed to have done. :
parently be settled property,” in All entries must be sent in to to making provision for any an- "Nor again does the case of Harman's Finance Act (4th Edi- their respective 9. C.'s on or be nuities bequeathed by this my Harbin v. Masterman (supra) help tion) at p. 79 "an ennuity charged fore February 24th 1936.
Will are er se operative to the appellats since that case de-on corpus with power to set aside require the Trustees to make cided no more than that in proper a fund to answer the annuity is an appropriation to answer circumstances the Court will allow not, it is submitted, settled pro- All recruits of the Chinese Com-Lady Chater's and the other an- remainderman's claim for the perty. The test seems to be whe pany who have not yet passed Partnuities, and that the provisions distribution of the residuary ther the annuity is equivalent to a II of Training Course will attend of Clanse (13) are mere ma estate by requiring the trustees to life interest, ie, is to be paid only a fund at the Chinese Company Head chinery allowing postponement set aside a sufficient portion of the out of the income from quarters on Tuesday, February of appropriation in the
lestate to answer annuities given directed to be set aside for the 18th at 17.20 hours for instruccretion of the trustees.
by the Will it does not decide purpose which goes over on the COUNSELS CONTENTIONS tion.
Ithat any residuary legatee has the cesser of the annuity," and also "He then proceeds to argue Training Course Part III. that despite the failure of the absolute right to come in at any by the cases cited by Mr. Potter Members of the Chinese Company trustees to appropriate and set time and claim such setting aside for the Eespondent. In re Earl of will attend at the Kennedy Road aside any part of the estate, and distribution, and even if it Carnarvon's Settled Estates (1927) Range on Wednesday, February equity will come to their rescue did, I fail to see how it could help 1 Ch.139, and re Lord Alington 19th-at-17.00-hours to fire the and that of the residuary the appellants, who are the true and the London Bounty Council's Part III Revolver Course under
tees of the Will, and not the resi- Contract, (1927) 2 Ch.253, which daary legatees.
decided that the existence of a Training Course Part II.
SETTLED PROPERTY:
rent charge or joining, charged Indian Company Members of the Indian Company "Nor am I in agreement with on an estate in an owner in fee, will attend at the Kennedy Road the second submission made for had not made the estate a settled Training Course - Part IL- All recruits of the Indian Com-Range on Wednesday, February the appellants I agree with the pany will attend Indian Company 26th at 17.00 hours to fire the judgment on this point of Sir Part III Revolver Course under Atholl MacGregor, CJ in the Sub Inspector Hopkins. Only Court below. Apart from the case those detailed will attend.
Flying Squad
Sub Inspector Hopkins. Only those present. detailed will attend.
Headquarters on Tuesday, Fe bruary 18th at 17.30 hours for in-l struction
Inspection Parade.
All
of the Indian Company will par ade at Central Police Station on
Wednesday, February 19th at 1
sch honza ander Sab Inspecto
J Hunt for a general inspection of equipment etc., by the Come
Commander. Dress,
dis-
estate
ANOTHER CASE "Since the above Rudgment was of A. G. v. Watson (supra) the written my attention has been other judgments relied on, AG drawn by the legal advisers of the maent of v. Owen (1299) 2 QR. 253; In re appellants,
für- Instructional Patrol — The in-Campbell (1902) 1 KE118; In re those of the
patrol for members of Waller + (1916) 1Ch.163; estab-ther Squad will take place liabed no more than that where a
February 28th 1996 testator's will directs the setting cam will parade at Central side out of his estate of a fund
at 17:30 hours to answer
orm: Cap with White Cover, und
Strmcheon, “Po
Book
Eine--Uniform
Life Covers
ING
DATE)
"Hong Kory Monday, being 17th. 1936.
interest in property. The cases
prominent
vary
invest
to which we have been referred necessary to secure the payment do not support this view and both of $10,000 a year would Hanson and Harman, to which Mr. from time to time depending upon Potter has referred, are against the productivity of the it.
ments at any given period. I do ANOTHER JUDGMENTS
*M-Macnamara's contention is not consider that an interest in Warrington JJ. stated at y that the gift of the annuity was such a fluctuating capital can be 532-633;*
the gift of a life interest A life regarded as a settled interest in "The doctrine that in equity land interest in what? His answer is property limited to persons by may be converted into money and that it was a life interest in i
"}way of succession within the money into land at the will of a settler depends upon the principle undivided share of the residuary meaning of 25 (2) of the Estate that a Court of equity will not per estate easily ascertainable by an Duty Ordinance, 1982, and there- mit the default of a trustee to per-arithmetical calculation.
fore agree that this appeal should form a duty imposed upon him to "But: the amount of expital be dismissed with costs.” affect the nature of the interests conferred upon the beneficiaries, and therefore treats as actually: done that which ought to have been i done. Accordingly, if money is directed to be invested in the par- chase of land to be settled upon zertain uses that money, though not The Consul for France in Hong) Local estate, sworn at $23,000
will devolve actually so izvested, according to the provisions of the Kong, M. J. Lenrquin, and Mme has been left by the late Samuel settlement exactly as the land Leurquin are holding a reception Baker, retired marine engineer, would have devolved had it been in honour of Admiral Esteva, who died at No. 23 Church Road,
Commander in Cale of the Frenc purchased therewith-----
LOCAL NEWS BREVITIES
It is obvious that, having re- naval forces in the Far East, at? gard to the principle upon which
Park, Isleworth, Middle- December 8, 1935. Letters
administration have been grante to Mr. H. J. Armstrong,
Professor Fraenkel of Breslan,
the doctrine of conversion is found the Consular residence No 18 of ed, there must be a paramount obli- Peak Road, on Thursday, February gation binding the trustees to in 27, from 8 pm to 11 pm vest in the purchase of land, and therefore if such investment is op tional only, so that the trustees may completely perform their duty by investing in some form of per cal Regis sonal security, there would be no practisin conversion, and the rights of the Shanghai parties would depend on the actual sien of peture of the property at the ma- terial time.
Lo Wai-man, Chinesa doctor, Germany, will give a lature to the who was charged under the Medi- University Medical Society on
Sargent L. said at p. 587;
But in order that an equitable courersion of money" futo land may
be affected, it is necessary that the
as 2 Bu-geox at
test for conversion, Khould be default two ma Autte, and imperatives. He will not the second.
do. faz instance, if the trust is per missare only, or W' there, NEA
eeft and with
Hong Kong rainfall for
the Ser
Investigations:
"E of the
to-day
Azave for Mende on
appoint