CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 66

IN THE SUPREME COURT OF HONGKONG

IN THE SUPREME COURT OF HONGKONG

ORIGINAL JURISDICTION

SUIT NO. 46 of 1901.

The Attorney General

ORIGINAL JURISDICTION

BUIT NO. 46 of 1901.

Plaintiff,

Ve.

The Attorney General

Sarah Jaques, Szecutrix of Joseph Juques, docensed.

Defendant.

64

V.

Sarah Jaques, Executrix

of Joseph Jaques, deceased.

JUDGMENT.

SOLICITORS,

JOHNSON, STOKES & MASTER,

&c.,

Hongkong.

Fol.37 E

Tuesday 25th June, 1201,

JUXM:NT OF HIL HON. SIR JOHN J. CAR 10TON, kt.

CHIFF JUSTILE.

In this case the parties filed a memorandum of agreemen under Section 08 of the Code of Civil ■rocedure for the purpose of obtainir · the finding of the Court upon a question of law, which is stated in e mpecial case annexed to the memorandum. By the memorantum it is agread that if the finding of the Court ie in the affirmative of the question submitted to it, the defendant is to pay to the Colonial Treasurer certain probate · duty in respect of the estate of her tentator, while if the finding is in the negative the Plaintiff is to withdraw his claim for payment of that probate duty.

"The facts upon which the question arises ara set forth in the special case, and say be shortly stated na follown;-

The testator died in England on the 23rd January,1909.

and probate of his will wa» granted by the High Court of Justice Probate Division to the defendent on the 2nd May, 1900.

An exemplification of the probate was sealed with the seal of this Court in it■ Probate Jurisdiction on the 7th august 1900, and probate duty was paid on property of the estate in this Colony consisting of shares in various companies of the totel value of £/29,367,70.

Since