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15
HONG KONG DAILY PRESS, THURSDAY, JUNE 23, 1932.
THE HARDOON WILL CASE.
•
INTEREST OF DECEASED IN SETTLEMENT.
SOLOMON'S RULING BETTERED.
Did Not Want Poor Rolation...
دے
1'
by Mr, Eldon Potter, K.C., of Hong about the plaintiff as a relative
in whose waters that ship wra navigated. There was similar attitude with regard to phibaasine. » He would sabinit that, in its in- rption, the International Settle- ment, when it was mainly British, was regarded by the frat Jedge of that Court an radly in the nature foreign Settlement or Colony
He
would also point out that, for a good deal of the characteristic fen- tares of the International Settle-
SHANGHAI, June 13. Shanghai, as he could not talk Chi- of In H. Supreme Court, yyster.newo.or English. Then cara a fact.of the Crown and, when matters day, Judge Sp Poter Grain con- that no imposton could invite that developed and became inter tinued the hearing of the action in some time after he received through national, it was an International probate by Ezra Abdullah Hardoon l'intermédiaries 3750, with a condi-"Settlement of varions statos,
elaiming to be a cousin of the Ints' tion attached. Mr. S., A. Hardoon. of Shanghai) against Mrs. Liza Harduon (the widow. excentrix and le bone
It regined eleaf from the evidence i ment, the consent of the sovereign Diary under the will, with a view of Mr. Abraham that Mr. Hardcon Power of China had been deemed to determining the validity of the attached the condition because he necessary, although there might have been a mense of acqules- will. The plaintiff is represented did not want a 'poor relation about
cence. The distinction he would by Mr. H. P. Wilkinson, K.C.. with | the place. Mr. Ezri also had stated
draw would be that, so far da rho Mr. H, Browett, and the defendant
that ha spoke to Mr. Hardeon
International Settlement why can cerned, the bulk of the laws were ons, with Mr.
not, the municipal laws of China, whilst Mr. H. B. Samuel, of Land Mr. Hardoon did not deny it.. len. with Mr. E. L. Hartoop, is Mr. Wilkinson said there was one but they were legislation passed by joined as a plaintiff on behalf of convincing argument that the plain what was in substans a quasi-nutu- nomous body called into existence Mr. Tsune Silas Jacob Hardloon, of tiff was the man he mid he was.. Bombay, who also aims to be a Mr. Hardoon did not die yesterday by the diplomatic representatives the claim was not brought yester of the Treaty Powers and respon- relative of the deceased.
Fer the convenience of the wit-day, had there was a considerable sible only to them. The jurisdiction the Judge permitted Mr, amount of money in the hands of of the United States and Great Poster to break off in his opening Mis Hardoon. If anyone could Britain emanated, so far address and call Mr. C. Harpur, prove that the plaintiff was not the latter was concerned, solely by the hemen he said he was, the cane was exercise of the prerogativo expres- Commissioner of Werka to
ended. No such steps had beened in Orders-in-Council, and, so S.M.C.
takeh. If he was not the man he far as the United States was" con- said he was, then who was he? » cerned, by bringing into existence
1088
H. G.
Wright,
Britian Representative.
Mr. Hardoen was on the Muzi" Coming to legal peints, Mr. Wil-a fost accompli. cipal Council, as a British repre-kinson said it had been argued that i sentative, from 1890 to 1903. So far the Supreme Court in reality wa
a witness knew Mr. Hartioon's
land which he was buying up to the time of his death) whe ali re- gistered in the British Consulate."
Ground Ronts.
as the
During an argument as to ground arents and whether these were en-
a Chinese Court, and similarly he
rand, that by Treaty it was Court of Irak. Bus jurisdiction was forceable by China, Mr. Samuel rot questioned. The principal rea-contended that they were, but only
through foreign Courts.
Cross-examined hy Mr. Samuel,son the widow had been surd here witness believed the bulk of Mr. was that the assets were here and, 风信 an Irakiap, this was the only Haroon's property was in the International Settlement. He could only call to mind one piece in the extended roads area which belong ed to Mr. Hardoon and that passed 'but of his possession some time
ago.
Tribute to S.V.C.
Wilness admitted acquaintance with what Mr. Samuel styled that very deserving institution called the Shanghai Volunteer Curps," and he had served in it. It was maintain. ed to some extent out of the budget of the Municipal Council and partly by the Volunteers themselves.
did The
Russian Detachment police and gaol duties which the ordinary Volunteers did not.
An Unreported. Case, Mr. Potter then continued his opening address). Denwing hem Mr. Wilkinson the remark :--" Wa
Court in which she could he sued.
The Judge: Why in you say this is a Court of Irak ?
Mr. Pottes: No, the land reverts automatically if the ground rents are not paid.
When Mr. Samuel reverted to his earlier point about the S.V.C. being Mr. Wilkinson: Great Britnin has employed to keep Chinese troops out, & mandate and a treaty by which of the Settlement. Mr. Potter the King of Irak undertook to draw interposed: "I think the position should be put correctly. The true apa fundamental law and a conposition is that the Municipal stitution, and we undertook to pro- Council will not allow any armed test his subject.
troops in the Settlement-British, American, Japanese, or any other- until they have declared a state of
There is no discrimi nation against Chinese Armed troops."
The Judge: As British subjects? Mr. Wilkinson: A British pre-emergency. teeted subjects, wherever there is no diplomatie representation.
Mr. Wilkinson further contended ed. that he had proved the universal Jewish law. which it was his sub- mission
Irak was recognised in where Jews were concerned.
Mr. Wilkinson entended that 3r. Kardoon was not a British sub- ject nad had not been one at any time, by birth, mitaralisation, or in any legal sense. He was a Turk
to the end of the 'Great War
and
the erroneous registration, which was but a confirmation of an honour conferred ppon him, had no legal effect. It was his contention that Mr. Hardoon was in no sense British subject execpt so far ca he was a protected person to whom
British law applied in accordance with the treaty, the he was never demisited in China, and that he never could be domiciled in Shang- hai, even though it was his declar- ed domicile of choice by his first will, whilst the one that was proved said China. The Court had power to apply Irakian law to his will and Properly so far as the will was in accordance with that law.
went to divide this estate," he said |he was reminded of an unreported derision in a Chinese dispute be tween the ss of a deceased as to the division of An estate. The matter was put up to the headman' of a village, with heard the com- plaint and then delivered judgment To the eldest son he said it was jobvions that it was for him to divide the estate, whereupon the eldest son made his chin-chin's and wa very pleased, Then the headman turned to the younger son and said: "However, you as the younger son will have the first choire." Counsel sbought that was s judgment" ex- eclling even that of Solemon.
Mr. Potter having concluded his
Mr. Samuel followed. to sum up opening, Mr. Wilkinson opened for the plaintiff. He referred to the on behalf of -client. He said he plaintiff's first meeting with Mr. contended that it was not legally Hartoon, which resulted in the de-possible for the deceased to shake censed giving the plaintiff $150.
The Judge: Not a very hearty welcome, to give him 8750 to go but of the country
Mr. Samuel: Perhaps, the or dinary way of treating a poor re- lation!
of his domicile of origin and ac quire a domicile in China, but, even if he had done so, it only brought them to the same goal by a more circuitous route, because in such ease the Court would have to refer to the law of China, which in turn would bring them back to the law of Irak..
Neadless Alarm.
Mr. Wilkinson said the point as to kinship was vital. The plaintiff said that he was a cousin and one of the next of kin of the late Mr. Hardoan. The defendant professed not to have any knowledge of that and did not admit the kinship: The evidence was that the plaintiff bore, the same name and came from the same place, and it had been stated that the same was not Frommon one, like Smith or Wilkin-ed in the way he (Mr. Samuel) ag
son. On his arrival in Shanghai,
On the argument that it was in- possible to acquire & dómicile in the International Bettlement, Mr. Samuel said that Mr. Potter had drawn an alarming picture of the number of spouse, who, would be "living in sin" if the Judge decid
he weat to see a rich relation, which gestod was the proper way,
was the natural thing to do. They
In the case of a ship registered
spent some time in discussing coin: under the British flug, 'n persan |"mon""relatives, and the deceased.
pointed out that the plaintif could living on fr could not requiry « not expect to take a fortune in domicile in any particular country"
The hearing was further adjourn-
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