THE CHINA MAIL, JULY 1, 1940

LITIGATION OVER AN ESTATE

IN THE PROBATE COURT this morning before the Chief Justice, Sir Atholl MacGregor, Young Leung-shi and her two sons Young Man-yee and Young Man-lok brought action against Young Hong-ning, asking for a declaration that she is the lawful widow of Young Shing, a laundryman, of City Island, New York, who died intestate, that she was entitled to letters of admin- istration of the estate and that an order be made for the letters to be issued. Defendant claims that he is the na- tural and lawful grand-nephew of de- ceased and next of kin,

Her Arrangement

Young Leung-shi, in answer to Mr. Mr. H. Somerset Fitzroy instructed Lee, said that after the death of her by Mr. Peter H. Sin is for the plain-former husband, she arranged for re- tiffs, and Mr. Harold Lee, instructed marriage herself with a relative of by Messrs. Wilkinson and Grist for the deceased. defendant,

Mr. Fitzroy said that defendant was sued because of a caveat saying that he was the natural and lawful grand- nephew of deceased and his next of kin. Defendant lodged this caveat after an application of Letters of Ad- ministration had been filed.

Deceased, though he had been in America for a long time, was domi- ciled in China, and the widow was entitled to the estate, as she had been married according to the custom and laws of China.

In 1930, deceased disappeared and in 1936 was presumed dead.

No member of the Luk family ever took part in the arrangement, No documents were drawn by the Luk family. She had seen the deceased, her husband, before he went to Amer- ica but after the marriage ceremony she had not seen him. She had photos: of him.

The case is proceeding

DAIRY FARM ARREST

Before Mr. R. Edwards this morn- Four days after a petition for Let-ing, Ng Wai, 25, was charged with ob- ters of Administration had been ap-taining provisions from the Dairy Farm plied for, defendant filed his caveat.

by means of a forged pass book on Saturday.

Married “By Proxy" Continuing, Mr. Fitzroy said that deceased married the plaintiff in 1922. He had been married before but his wife died without issue. In 1922, the marriage was arranged by a relative. The bridegroom was in New York and could not be present at the cere- mony and so, according to the custom of the village, a cock decorated with golden flowers was used in his place. The bridal chair was used, but only half way, as the bride had been mar- ried before. The cock was taken into the house and the bride worshipped before the ancestral hall. A banquet was held in honour of the marriage.

That, in accordance with the laws and customs of China, constituted marriage.

two

The children of the bride, sons and a daughter-by her former husband, Luk, were also taken to the ancestral hall where they worshipped. They changed their names to Young. This was valid adoption. Letters were received from the deceased in which he referred to them as his wife and children.

Interrupted by His Lordship, Mr. Fitzroy admitted that the marriage had been declared invalid by the Appeal Court of China. It had not been consummated.

Lucono 69

Defendant obtained bacon, chicken

and fish from the Dairy Farm by using a pass book purporting to belong to Mr. N. J. L. Jefferies.

Sergeant Cullinan said that Mr. Farm in Ice House Street handed in a Jefferies' house-boy went to the Dairy

pass book, ordering provisions and left. When he returned to collect the goods, he was informed they had been taken away by another Chinese.

Defendant was arrested later the same day at the Dairy Farm in Queen's Road Central with the passbook in his possession, when he tried to obtain some more goods.

Sentence of six months' hard labour was imposed.

PRISON OFFICER

STABBED

Ld mey, Supers

Prison Officer Franks, of Stanley Prison, was stabbed in the back by three Chinese prisoners on Wednes- day, the "China Mail" learns to-day.

Franks has been admitted to the Queen Mary Hospital. His condition is not serious.

It is understood that the three pri- soners will be dealt with by the Prison Authorities.

Page

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