1937-04-05 — Page 4

Who Would Think She Is Forty?

The Secret of Keeping Young.

This is an age of young people. It is unfashionable to admit oneself old. Many grandmothers dance now-a- days and are all the better for it. Some women even are taken to be the sisters of their own daughters.

What is the secret of looking and feeling young when well on into mid- dle life? Unquestionably it is good rich, red blood, for from the blood the whole system draws its nourishment, and when the blood is anaemic, im- poverished, vitiated, the complexion fades, the face becomes drawn, or puffy and lined, the eyes lose bright- ness, the spirit droops, elasticity the leaves the limbs, the muscles, skin.

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THE CHINA MAIL, APRIL 5, 1937.

FORTY-YEAR-OLD TRUST

CHALLENGED

RULES AGAINST PERPETUITIES INVOKED: UNUSUAL CASE

An unusual case came before the in the Sui Kut Bank in favour of the Mac-persons who were, according to Chinese Chief Justice, Sir Atholl

law, the heirs of Shum U Wo, to be Gregor, at the Supreme Court this held by them in such shares as Chinese morning, when Shum Shiu-po, alias law directs.

(b) A declaration of the trusts upon which the property, heretofore held in trust under the said Family Rules, should henceforth be held.

Shum Pak-to, alias Shum To claim- The plaintiff claimed (a) a declara- ed a (a) declaration that the trusts tion that the trusts declared by the family rules of the Shum Wing Fat declared by the Family Rules of the Tong are void as offending the rules Shum Wing

Fat Tong dated against perpetuities, between April 2 and May 1, 1897, are void as offending the rules against perpetuities, and (b) a de- claration of the trusts upon which the property heretofore held in trust under the said Family Rules should henceforth be held. There are 87 defendants, including Mr. John Hennessey Seth, trustee, all legally represented.

Six Counsel

Mr. Eldon Potter, K. C. and Mr. H. C. Macnamara, instructed by Mr. H. K. Woo, of Messrs. Woo and Woo, ap peared for the plaintiff.

(c) An enquiry as to the persons en- titled under paragraph (b),

(d) An account of the property re- ferred to în paragraph (b).

(e) Such other or further accounts and enquiries as may be necessary to give effect to the declaration asked for by paragraph (b).

Defendants' Denial

The defendants' case was that the name Shum Chik Hou Tong was in verted by Shum U Wo for the purpose of holding the shares in the Sui Kut Bank on behalf of the Shum Wing Fat

Mr. D. J. N. Anderson, instructed by Mr. F. E. Nash, of Messrs. F. E. Naghong. Defendants denied that the sum and Co., appeared for the first defen- of Taels 9,000 was contributed by Shum

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U Wo out

of his own monies,

·and-

Mr. K. G. Sheldon, K. C. instructed maintained that the money was paid three brothers jointly, which was son and Grist, appeared on behalf of}; created by them prior to 1883, Alter- by Mr. D. H. Blake, of Messrs. Wilkin-out of a common fund belonging to the Shum To-shing, alias. Shum Yat-chuen, natively, if the said sum was contri- buted by Shum:U Wo out of his own Hon. Mr. Leo D'Almada, jun., monies, which was denied, the share in and other defendants. appetite,structed by Mr. D. H. Blake, appeared the Sui Kut Bank purchased by the for Shum Tai-shing, alias Shum Lai said sum was placed by him into the nam, Shum Chu-shing, Shum Yuen-pos same common fund for the joint bene- Shum Shik-po, Shum Ying-po, Shum fit of the three brothers. From the date Yung-po, Shum Cheuk-po, Shum Chun-

of the purchase, the share in the Bank fong and Shum Ah-tsoi, defendants. had at all times been treated by the

Mr. George She, instructed by Mr. D. H. Blake, appeared for Shum Yu- po, Shum Wui-po, Sham Hing-po and Shum Kai-fong, (infants) defendants.

Mr. Potter's Outline

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persons concerned as the common fund. Defendants further denied that Shum U Ling had an interest in the common fund and that Shun U Pan was poor in 1897. They said that he and his brothers Mr. Potter said that the plaintiff re-acquired property, which was placed in sided at 261, Cheung Sha Wan Road, the common fund, in which Shum U Kowloon, and was the son of Shum Pan had a substantial interest. The de- Taau-shing, alias Shuan Kwok-tung, fendants also denied that Shum U Wo alias Shum Fi-U, alias Shum Yew-wa and Shum U Ling were possessed of and the paternal grandson of Shum U

considerable fortunes apart from the Wo, alias Shum Chau-shun, alias Shum

common fund. Hing-sang, alias Shum Wo, alias Shum

Mr. Potter concluded that if the rule Chik Hau Tong (hereinafter called of perpetuity did not apply, the action Shum U Wo), both now deceased,

On about January 28, 1884, Shum U

- Chief Justice's Ruling Wo and others, established in Hong Mr. Sheldon maintained that the Kong a Bank called the Sai Kut Bank question of trust did not arise at all. with a capital of $50,000. The bank was The sole question, submitted Mr. Shel organised as a partnership and was not don, was whether Shum U Wo contri- incorporated. Shum U Wo contribut-

(

failed:

or not.

ed to the capital of the Sui Kut Bankbuted Taels 9,000 out of his own money out of his own monies, Taels 9,000, Mr. D'Almada also submitted that (equivalent to $12,500 Hong Kong cur the important issue was whether Shum rency) which entitled him to 2% shares U. Wo contributed Taels 9,000 out of in the Bank.

his own money, and that the onus was Shum U Wo had an elder brother, Shum U Pan, with several aliases, now on plaintiff to prove this important deceased, and a younger brother. Shum issue. U Ling, also deceased. Of the three The Chief Justice ruled that the onus brothers, Shum U Pan, Shum U Wo was on defendants to prove the trust.

-The case is continuing. and Shum U-Ling, the first was in the year 1897, poor whereas the other two brothers were possessed of consider, able. fortunes.

"Lucky Day"

STRANGEST PET DEAD

Splash,

They entered into a written family agreement on a "lucky" day in the 3rd

famous platypus.......... moon of the 23rd year of Kwong Shui (April 2 to May 1, 1897). The document remarkable Australasian aquatic was headed "Family Rules of the Shum Wing Fat Tong" and was signed by mammal-has died at Healesville, the three brothers and others. The pro- near Melbourne, after four years perties settled by the family agreement in captivity as the pet of his owner, comprised inter alia the shares in the Mr. Eadie.

Sui Kut Bank which were contributed He has survived longer than any other tamed platypus, which is said

by Shum U Wo the then owner of the bank.

The principal provisions of the fami- to be the shyest creature in the ly agreement were to provide for fami- world. Many distinguished men of ly worship and for certain benefits to be given to the three brothers

and science, letters and art have been

in their descendants out of the settled among the 12,000 visitors who have his properties. It was expressly provided geen that the corpus of the properties should specially constructed home. remain subject to the family rules in perpetuity,

him do his tricks

Moving pictures gave world-wide

Since 1932 much litigation had taken publicity to this queer mixture of place in connection with the family fish, mammal and bird. Splash, who rules and its a result of these pro and died a bachelor. He violently with the affairs of the Sul was captured as a youngster, lived

Kut Bank. As ceedings, the bank had been wound ur and the family shares were now reattacked the only female platypus presented by money or securities in the introduced into his home. bands of the first defendant, John Hen- nessey Seth, as trustee for the persona who may ultimately be found to be en- titled thereto.

Five Points In Claim The plaintiff maintained that the family rules were void as creating a perpetuity and that there was a result ing trust of the proceeds of the shares

[The platypus, which is about 20 inches long, has a fur coat, four webbed feet and a duck bill. In- stead of teeth it has horny promin- ences on each side of the jaws. It inhabits the rivers of South-East Australia and Tasmania.]