1930-03-25 — Page 4

THE HONG KONG DAILY PRESS, TUESDAY, MARCH 25, 1930.

SHOPPING GUIDE

FELIX HAT SHOP

HATS AND GOWNS

At Advantageous. Prices. 7. Ice House St.

Bolande Sarrault

MODES-COUTURE

HAS REMOVED TO 3rd Floor, PEDDER BUILDING

BOOM No. 3 TELEIRONE. C. 2252

A SEK & CO.

·PHOTO-SUPPLIES

20, Disur RD, 0. TEL. C. 3450*

-NAKAMURA

******MASSAGE

No. 3, Liz TUNG STREET, 1ST FLOOR, WINCHAL Hoya Kuse.

RADIO SUPPLIES Marconiphone, Igranic. Cyldon, Lewcos, Lotus. Hydra, Brown, Harlie, Eddystone, B.T.H. Watmel, Ward & Goldstone, Fuller, Graham-Farrish All Leading British Accessories.

AND

RUDOLF WOLFE & KEW. In

6-4, Quan's ROAD CENTRAL. 1st Floor.

Tel. 0. 2173,

QU

Mackintosh's

Men's Wear Thecialists,

Alexandrà Bldg. Des Vaux Rood.

Fresh Flowers, Fruit

and Vegetables

The Clover Flower

Shop

10, IQE HOUSE STREET

REMOVED TO

74, QUEEN'S ROAD C. DER A. WING & CO. (1923), LTD.

11

Madame S. LEITE

Ladies' Wear Specialist.

SUMMER NEW MATERIALS JUST ARRIVED

ASIATIC BUILDING, 1ST FLOOR TELEPHONE C. 4474

ALITY

DAINTY SHOES

OF EVERY DESCRIPTION MADE TO ORDER AT MODERATE PRICES

ROYAL SHOE STORE

No. 1, D'AGUILAR STREET,

Hose Korn,

Telephone C. 8237.

SHOP

AT

THESE SHOPS

PERMANENT WAVING The Most Up-to-date Beauty Shop in Town.. Mas. BETEN.. / TEL. K. 81. PENINSULA Hora Ex. 34.

A. YUN TAILOR. & OUTFITTER 48, POTTING STREET, CENTRAL

Hong Kong. Trl, C.-6060,

POWELL'S

Gentlemen's Tailors and Outfitters.

BESPOKE ORDERS ' Executed in 24 Hours.

10, ICE HOUSE STREET.

People Who Advertise

Invite Inspection of their Stocks.

R. S. V. P.

HONGKONG HOTEL

GARAGE

FOR CAR HIRE

Fox Hong Kong: C. 4758

FOR KOWLOON: K 081

THE DAIRY FARM

ICE HOUS STREET-

FOR PURE MILK

میشم

FARM AND IMPORTED FROZEN

MEATS. HOU FID POULTRY

ITE INTEGRITY

LANE, CRAWFORD, LTD.

THE DEPARTMENTAL STORE OF THE EAST.

TEL C. 4557 (6 LINES).

ESTABLISHED 1868.

HERE'S REAL

Tak Cheong TAILORING FOR YOU!

Gentlemen's Tailors, Outfitters and Dealers in all kinds of Fancy Goods

50, QUEEN'S ROAD Central

PHONE: CENT. 1317

HONG KONG FURNITURE|

CO., LTD.

MANUFACTURERS OF TEAKWOOD, BLACKWOOD

AND

RATTAN FURNITURE.

B, QUEEN'S ROAD CENTRAL

MAISON DE MODES M-ME D'OBRY. MODES, ROBES, COUTURE

SMART FROCKS HATS AND COATS FROM PARIS

€

18, QUEEN'S ROAD CENTRAL

EXPERIENCED CUTTER GUARANTEED FITTING PRICES REASONABLE

WING HING Co. TAILORS

PHONE. Ü. 1417. 64, Quzey's Rn, Cri.

BOOK SHOP and BIBLE DEPOT.

GOING ON LEAVE ?

GET PLENTY, Or Books, FOR YOURSELVES AND THE ΤΗΣ CHILDIZN

VOYAGE.

WYNDHAM STREET.

P. O. Box 1, Hong Kong

is the Address. Write an Order for the Weekly Press to be sent you. for Three Months or Thirty Years. The first will cost you $3.75, and the Annual Subscription is $15,

EXCHANGE BUILDING,

AUCTION!

IF YOU ARE FURNISHING AND WANT TO PICK UP GOOD PIECES OF EITHER EUROPEAN OR ORIENTAL MAKE AT ADVANTAGEOUS PRICE, GO TO... -

LAMMERT BROS.,

DUDDELL STREET

Mac's Cafeteria

HONG KONG HOTEL Finest Selection of

CHOCOLATES

in

FANCY GIFT BOXES“ FRESH CALIFORNIA FRUITS ALWAYS ON SALE.

The SUN Co, Ltd.

DEPARTMENTAL STORE

DES VEUX ROAD CENTRAL

H.K. TRANSFER & LIGHTER CO.

FURNITURE REMOVALS AND GENERAL TRANS- OR PORT BY TRUCK

LIGHTER.

ST. GEORGE'S BUILDING

Tel. 0. 3639"

K. 1422

L. E. 8. Hodge,

HAVE YOUR EYES TESTED AND

FRAMES FITTED

By

SIR PAUL CHATER'S WILL CASE.

Wantirned from Page 3)

Division of the Corpus. No question arises here as to the division of the corpus. In the Originating Summons the Court is asked to lay down the method of the distribution of the net income. The Full Court decided that clause governs this matter and that the rule of Coart made under Section 673 of the Code of Civil Procedure has no application to it: The Full Court might have dealt more in detail with the implica tions of this decision, but on con- sideration its import becomes clear. In the opinion of the Full Court the certui que trust under cause (a), (b) and (c) of the will and clause 5 of the second codicil are not in the position of pecuniary legatees but are tenants of a por.

tion of the residue of the estate and are co-tenants in the residue with the cestui que trust under clause 8 (d). It follows, therefore, that interest as such is not par able to them and that they may nat invoke the Court rule of eight per cent interest for their advant age.

After the delivery of the judg ment of the Full Court the parties conferred. but without reaching Agreement, and the executor avail ing himself of the liberty accorded hy that judgment to apply to the Court applied accordingly to the learned Chief Justice.

On this application it became necessary to interpret clause 8 (a), (b), (c) and (d) of the will in der to ascertain the mutual rein tions of the beneficiaries thereun

der. The learned Chief Justice adopted the view that the funds created by clause 8 (a), (o and (c) must be classified as pecuniary legacies and must therefore bear interest again within the Rule of Court at eight per cent per" an num. He made the order accord ingly directing that this amount may become payable in respect of any year subject to the sufficiency of the income fund of that year, but that consequently upon the con- sent of Mr. Bagram, who is named in these proceedings as representa: tive of the persons interested in thesofunds, to receive seven per

It heals as it cleanses

SOAP

MEDICINAL

ANTISEPTIC SOOTHING

The perfect toilet soap must be more than a cleansert mlink also keep the skin in good con dition, freeing it from all cansu of irritation. CUTICURA SOAP contains the medicinal

it heating properties of CUTICURA it brings to the akin Health, as well as Clean, linese, keeping it smooth and clear.

Every member of the family' should use CUTICURA SOAP regularly

Swaple as Li, T.

chap, Olatriet and Talem free e, ITINE DAJSON, Prins à CompaEY,

x 445, thanghant

Cuticura

LAMMERTS AUCTIONS

PUBLIC AUCTION.

HE Undersigned havo received

Instructiona

TO SELL BY

PUBLIC AUCTION

TUESDAY, MARCH 25, COMMENCING AT 10.30 A.M.

AT THE LAICHIKOK INSTALLA ̈ TION OF THE STANDARD OIL COMPANY OF NEW YORK

A QUANTITY OF STORE- HOUSE MATERIAL

Comprising

Holts and Nuts, Welding Outât,

SOAP Extension Jointa, Parking, Kay & Wodge. for Pipe Tongs, Iron Pipo Vents, Generator with Switchboard, Brass Pipe, etc., ett. TERMS-CASH ON DELIVERY.

wholly impracticable and to lend This scheme seems to me torbe itacle, to a series of laborious and

unsatisfactory calculations.

But, apart from this, it also does not, in my view, carry out the pro- visions of the will itself.

LAMMERT BROS..

AUCTIONEERS.

The actual sub-division of the in- come of the residuary estate ameng the beneficiaries under clause 8 cannot, in my opinion, take place PUBLIC AUCTION. until the contemplated funds have been implemeted by the trustee."" then, and not till then can the de- limitation of the various interests in the income fund be effected.

In the meantime any payment made to the beneficiaries is made in advance on account of benefits to be ascertained at a later date when the account of the estate will be adjusted. The trustees are not compelable in these proceedings to make any payments of income to these beneficiaries. Any payments to be made will be made in their unfettered discretion, having re- gard to the financial development of the estate and the benefit of all concerned. In my opinion, the judgment appealed from, so far as it prescribes the payment of in- terest, should be reversed and this Court should in answer to the ques tion raised in paragraph 6 of the Originating Summons declare "that the interim income of the residuary estate accumulated to the date on which the funds under clause 8 (a),

HE Undersigned have received THE

Instructions

TO SELL Br

PUBLIC AUCTION

ON

FRIDAY, MARCH 28, COMMENCING AT 11 A-M.

A

At No. 1, AIMAI VILLAS, KOWLOON QUANTITY OF VALU- ABLE HOUSEHOLD FURNITURE

ON VIEW From THURSDAY, the

27th MARCH, 1930.

cent in lieu of eight per cent, the (b) and (c) of the will and clause TERMS:--CASH ON DELIVERY.

judgment should be formally drawn up for this lower rate of interest; The present appen! has been brought to reverse this judgment by the trustee for the persons in- terested, under claus 8 (d) of the will. With respect, it seems to me that the judgment under appeal is inconsistent with the judgment of the Full Court on which it must be based and that the conclusion renched in the judgment that these Scarficiaries as pecuniary legatres might claim interest in accordance with section 673 of the Code of Civil Procedure-had been, already nezatived by the Full Court.

The judgment of the Full Court, of course, must whether right or wrong, be followed until it is set aside, but. in my opinion in so deciding the Full Court, correctiv construed the will. Clause 9 did cot. segregate pecuniary legacice. It sub-divided a residuary interest. For these reasons I am of onin- ion that the second and third

should succeed.

THE HONGKONG OPTICAL CO. heads of this motion of appeal

Qualified Opticiana

63, Queen's Road 0.: Tel. 0.2232

J. Wellmann & Co

High Class Jewellers Est. 1860

Alexandra Bldg.

Chater Road.

FRIGIDAIRE

Bora AUNTS

DODWELL & Co., Ltd. QUEEN'S. BUILDING.

TEL. C. 1080

The effect of clause 8 (a) dì. (c) and (d) of the will is as fol- lows.At the date of the testator's death (as, also, at the present time) the

of this residuar amount fund was

unascertained. For dialectical purposes it may be noth- ink. or it may be considerable. It ja, in fact, estimated to be a large, that as I have already said, with the consent of the appellant in these proceedings, the trustee has paid to the beneficiaries indicated in this summons, four per cent per annum upon the maximum capital value of their prospectiv, benefit

The benefit under clause 8 (d) is postponed to that under clausa 8(a), (b) and (e). Until these three prior funds have been set apart by the trustee, the fourth interest remains in abeyance. The Armenian Holy Church of. Na zareth. Calcutta, under clause R.(d). is a participant in the residuary state which can receive no uefenes fit until the claim of the prior Ingaters under thin cinuse have been. defined:

The Direction of the Court

It is in these circumstances, that the direction of the Court is sought s to the sub-division în'atcount of the income of this "riduare fund between these beneficiries A scheme for this purpose has been submitted by the appellant for bur consideration under which it is pro-

BRUNSWICK HOUSE posed that the annual net income

BRUNSWICK

PANATROPES

AND RECORDS

4

17.10E HOUSE STREET TEL C. 4035

bo sub-divided as it accrues between the beneficiaries under clause 8, by which the interim; income to be re- ceived by the heneficiaries with the priar interests will vary with the- Buctuations in the capital value of the whole entabe, and also with the expense of its administration. Un- der this suggestion, the Church would, in certain circumstances, re- ceive a fraction of the net income and in certain other circumstances would receive nothing at all.

(Continued on next Column.)

$ of the second codicil may be estab- lished, will be then sub-divisible among the restui our trusts of those funds, together with the rentui que trust under clause 8 (d) of the will, in proportion to the capital value of their respective interests under the will and codicil, and that any Payments to be made in advance on account of their interests to the centul que trust specified in this paragraph are matters within the discretion of the trustees."

The costs of the parties to this appeal, as between solicitor and client, will be paid out of the

estate.

The Chief Justice.I concur, and have received a letter from Sir Peter Grain in which he also con

curs.

ד'

BY ORDER OF THE MORTGAGEES,

PUBLIC AUCTION of the following VALUABLE LEASEHOLD

PROPERTIES

LAMMERT BROS.,

AUCTIONEERS.

PUBLIC AUCTION..

THE Undersignot have received

Instructions,

TO SELL Br

PUBLIC AUCTION

ON

FRIDAY, MARCH 28, COMMENCING AT 2.30 P.M.

A No. 48, NATHAN ROAD, KOWLOON,

Maki

4.

QUANTITY OF VALU-

ABLE HOUSEHOLD

FURNITURE.

the 27th MARCH, 1930,

TERMS-CASH ON DELIVERY,

Siluate in the Colony of Hong Kong, FIRSTLY--A that Piees or Parcel of

Ground situale at Victoria, Beng Ox VIEW From Noor, THURSDAY, Bonk, and Registered in the LAPD Ürner SECTION A OF SUBSECTION 2 OF SECTION A OF MARINE LOT No. 4. Together with the Messunge Erec tions and Buildings thereon known ER No. 172. QUEEN'S ROAD EAST. Area: alent. 805.12.Square Fest Proportion of Annual Crown Rent: $13.70. SECONDLY-All that Piece or Parcel of Ground situate at or near CHEUNG BBA WAN, KOWLOON, and Re

་"

in the 4D OFFICE AI KOWLOON INLAND LOT No: 60 Together with all the Messunges Erections and Buildings thereon Area: 9375.quare. Feet Annual Crown Bank $32.00

TO DE SOLD I TWO LOTS-

PUBLIC AUCTION

THURSDAY

The 27th Day or MARCH, 1930,

« AT 3 O'CLOCK PM MESSES, LAMMERT, BROS.,

AUCTION ROOMS. DUDDELL BYEEET, VICTORL Hong Kong.

For Further Farticulars and Condi tons of Balo

Apply to MEERS, JOHNSON, STOKES AND MASTER PRINCE'S BUILDINGS, HONG KONG. Solicitors for the Vendors, ot fo

بدالجيزة

MEARS. LAMMERT BROS.”” The AuctionOGTE. Hong Kong, 12th Mar, 1980. [9152

LAMMERT BROS.,

AUCTIONEERS,

PUBLIC AUCTION.

TH

HE Undersigned have received

Instructions

TO SELL BY

·PUBLIC · AUCTION

SATURDAY, MARCH 29,

COMMENCING AT 11 AM

AT No. 16, CHATHAM ROAD,

KOWLOON.

VA QUANTITY OF VALU-

ABLE HOUSEHOLD. FURNITURE.

OF VIEW From FRIDAY, the

#28th March, 1920.

TERMS:-CA OF DELIVERY.

LAMMERT BROS.,

AUCTIONEERS,