1914-07-21 — Page 8

CHINESE WILL CASE

ANCESTRAL WORSHIP BEQUESTS INVOLVED.

Appeal From the Chief

'Justice's Order.

This morning an interesting Chinese Will case came before the Fall Court of Appeal, when be quests for ancestral worship were under discussion. A testator

THE HONG KONG TELEGRAPH.

action was begun. In the action the only stop with which their Lordships would be concerned was that of September 2 last; a special case was settled by consent regarding the six- tenths sot apart for ancestral worship and the Chief Justice held, upon the special case, that the bequest was bad and ordered an enquiry in the terme get out above. It did not concern the parties at the time whether the enquiry was in accordance with Chinese law or English Law, because the sole claimants' who

EXTRA

HONGKONG, TUESDAY, JULY 21, 1914,

THE WORLD OF SPORT.

INTERESTING COMMENT ON HOME EVENTS.

Turf Gossip the Golf Championship.

had left six-tenths of his estate bad come forward, then were (writón "Centaur") has been

for that purpose, and the bequeat was held to be invalid, as offend- ing against the rale of per- petuities. An order was made by the Chief Justice for an enquiry to be held as to the teststor's next of kin at the time of his death. The registrar of the Court found some married daughters as ner of kin and the appellant, claiming that they were not such, in accord- ance with Chinese law and custom, asked the Court to vary the order to give effect to his contention,

The court consisted of Sir Havilland de Sausmarez, Presi dent, Mr. Justice Gompertz, Chief Fastice, and Mr. F. A. Hazeland, Paisne Judge.

In the original action the Chief Justice, Sir W. Reea Davies, K.O., declared the bequests for ances tral worship funds to be in- valid as offending against the rale of perpetuities, and ordered an enquiry before the Registrar in chambers, to ascertain who were the next of kin at the date of the testator's death, entitled to shere in the six shares of which the testator was deemed to have died intestate owing

to the invalidity of the bequest.

The motion of appeal asked that a variation of the judgment of the Chief Justice should be made by the insertion of the words in accordance with Chinese law and customs" after

she words "next of kin" in the paragraph set out above.

Quite an array of parties ap. peared in the action. Ho Tse-chun was the appellant and the reapon dents were Ho-Az-ahi, Yeung Sui-chee, Ho Hong-chua, Ho Chang-shi and Oban Ho-ohi.

male descendants,

Counsel then went on to argue under two headinga — .

1. Assuming the EnglishStatiite of Distributions to be in force for Chinese in Hongkong, they would then argue that the status of persons intended by the statuto should be ascertained by Chineso law.

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2. That the Statute of Distri- butions is inapplicable to the local circumstances of the Colony and its inhabitante,

Mr. Sharp read a number of authorities on Chinese marriage law and quoting Mollendorff said that a wife left her family for ever and joined that of her has band. He submitted that the English Law only recognised monogamous marriages: Chinese marriages did not come under that head and therefore the English law did not recognise them. If the court took the view that Chinoso marriages could not be recognised then there was no wife for the purpose of succession, no children, and it was then established that the Statute of Distributions was in- applicable to the Chinese family system. He submitted that there should be an adjournment in order to allow of Chinese evidence on the point being obtained.

The President asked if the other counsel had any objection,

The Hon. Mr. H. E. Pollock objected. Up to that moment there had not been any attempt on the part of his friend to live Buch evidenco introducod......

Mr. Jenkin did not object so long as the one-tenth share specifically, bequeathed to his client was immediately distribut-

ed.

Mr. Alabaster, after" pointing out that, if Chinese law had ap plied, none of them would have been in court to-day objected to an adjournment. He added that not the slightest attempt had been made to distribute the four-tenths which were not in diapate.

.

at

breeding of the thorougli red in Hungary.

in the North.

CANTON POLICE.

A. Resignation Rumour,“

WONG PAK-YING.

A Heavy Sentence.

OLYMPIC GAMES.

WHAT GERMANY IS DOING.

An Interesting Account of the Preparations.

31

This week there has beon rooing at Newcastle in the north and Brighton and Folkestone in the south, By far the most important racing has been that

It is reported that Tang In in the north where on Wednesday kwong, who last year succeeded

I have beside me the following the Northumberland Plate was decided. This is not the race ithan King-wah as Chief of Police note from an English friend in was, say, in the days when that in Canton, has handed to the Civil Berlin regarding the interest Governor, Li Lwok-kwan, a formal which is being taken in athletion From Our Special Correspondents.

wonderfully good horse Barcal-petition to be released from his in Germany, writes "Strephon dine won it, but it has more than office. It is stated that the Civil in the Athletic News of June 15. London, 26th June. of sterting a row of highly local interest. It was won by The Governor has declined to nocept ... It would do your heart The re-notion from Royal Ascot strung horses from a standstill. Guller, winner of the Chester Mr. Tang's resignation.

good to see how enthusinatio Oap last year. His success was

every body on the athletic grounds -sharp-and far from soothing. Obe

The Ascot Meeting. pointed to clearly enough by

is at the present time. What is assumed it is understood that Ost-last letter did not com- recent form, for he was third laat

more important, real development most people who follow events ou plete the review of the Ascot week for the Ascot Staken and

is taking place. Kranzlein and the Turf ore pecuniarily affected meeting and it is, therefore, third before that for the Manches

hie American undercoaches are. by the results. It this were not necessary here to make some ter Cap. Yet he was not favourite,

being carefully followed by the so, there would not be so many mention of the racing on the that position being occupied by a

athletes and from what I see their zamed book-makers, certainly not so fourth and last day of the three-year-old

Royal

work will be comparatively It began with the Weaver, trained by Mfr. Perse many starting price offices as there meeting.

simple compared with that are in England at the present Ascot High Weight Stakes, That horse, however, ran badly.

of the English coaches. By time. They represent a tremend- which is one of only five hand- and The Guiler had no difficulty

this I mean that the English decided ous clientele and when an Ascoticapa

the in winning by two lengths from Native papers report that athlete is prone to imagine that comes round their long meeting. Fanfarons, a meeting"

Bowman and Chance Bird. It Wong Pak-ying, formerly chief he knows as much of the game as year old, operations touch maximum. For thres

won for was a most popular victory for of the Canton detective force, be anybody else. He has to be that simple reason, therefore, the Mr. Leopold, de Rothschild at the winner is trained by that won been sentenced to imprisonment driven to inculcate great Ascot meeting just concluded 100 to 8. The other four handi- derful old man, Johnnie Osborne, for an indefinite term. Wong word!-any freeh ideas. The has involved speculatore great caps were won by horées starting once a great jookey now Fak-ying, who was well known German is not dogmatic. He and small in heavy wine or losses. at 100 to 8, 25 to 1, 25 , and graad old man of 81 years. in Hongkong, was arrested last knows that athleticism in the Let it be said at acce that 100 to 7. Is it any wonder that

The Golf Champlonship." September, it will be remembered, Empire is merely undergoing the the heavy winners are the book backers were sadly mauled?

'Well, I did my best to pull it on a charge of conspiring with generic process. He jumps keenly makers, for this could only be so Having given a trouncing to off anyhow," J. H. Taylor the ex- the late Mr. Chan King-wah, to grasp root ideas; these he will with such results as were recorded Hapsburg and Dan Rassel, second Open Champion said to me after Chief of Police, to get possession ponder over, and as you yourself

and fourth respectively in the he had been beaten in the Open of official secrete. last week.

saw when you were over here, be Derby, it is not surprising that Championship at Prestwick by

will practise, and practise, and: Corcyra two days later was made his old friend and rival, Harry

practise until he becomes thor- A very pronounced favourite for Vardon. He certainly did do his

oughly efficient, or as efficient as the Hardwicke Stakes of a mile beat. and a half in spite of the presence fighter. He is known as "The man at any rate to keep off the wind

J. H. Taylor is a born spectators round the green eerves he can be made.

Previously, he was left to him- in the field of Maiden Erlegh, with the fighting chin." He is on a stormy day. But at Prest-self. Men wore sprinting whe Roseworthy, Thistleton, and the never beaten until the last putt wick, the crowd that followed could not sprint. Others were three-year-old Peter the Hermit, has gone down, and Harry Vardon and Taylor exceeded the trying to stay who could not ba who had filled third place in the Vardon, knowing this, must have limits of convenience, and; as made into distance runners. They Derby. Most people regarded had many uneasy moments in the the score showed, it affected the ore now advised with something

Peter's" prominent position in course of thors last two rounds golf of both men. the Derby to bo due to a fluke, which the luck of the draw conced The younger echool of golfers The rich part of all this train but they would change their him to play in partnership with had a great opportunity, if only ing and coaching is that the opinion after seeing the way be the Open Champion of they could have taken it, for German Demcoratie and Socialis won the "Hardwicke" and how 1913 and of several other years neither Vardon nor Taylor had parties are up against it. The he beat Cordyra, even though the besides. The main thing about established such a lend in the profess to see in it entertainm latter was conceding him 15 lbs, Harry Vardon is that he goes on opening rounds that they could for the classes! How very di This horse is clearly going to have playing the most wonderful golf regard themselves as absolutely eat all this is from the positio something to say about the St. even though his health is very far safe from the men that came in dear old England. With you Legar, for it is quite clear that be from being robust. Three or four afterwards. But George Duncan, the complaint is that the classes is a very pennine stayer.

years ago he began to be worried by the most brilliant of the younger will not take sufficient interest in As to other results on the cloe internal haemhorage. Happily the schoole, quite disappointed the athletics, and that the masses are ing day, reference may be made alarming symptoms passed away hopes of his supporters. He was not strong enough to organise to the Wokingham Stakes, that in the course of time, but the never happy on the greens and funds to enable them to pay the scramble which is supposed to be strain of his golfing tour in Ambia golfing temperament is one cost of a serious national training Royal won by any horse that makes a erica last year feems to have which requires that everything scheme. Here, however, the big show for the distance in the brought them on afresh. Never shall be going well with him if he Emperor has set the seal of Royal Hunt Cup. This time theless he still remains, in the is to give of his best. his beat approval on athletio schemes, and Braxted, second on the Wednes- opinion of most people, the finest is better than any other profes. twice in recent days his Majesty day for the Oup, was thought to golfer of his day.

sional can equal. Bat it ie just has been present at have a great chancein consequence of which he was made favourite

31

We have heard of some well- known professional backers hav ing had a terrible week,

In the first place there are two races on which the public will always bet freely. They are the Royal Hunt Cup and the Ascot Stakes. In each case the winner started at 25 to 1. Then practi- cally every plunge of the meeting went wrong. vide Happy Warrior, Bambasa, Coroyra (in the Hard wicke Stakes) Great Surprise, Spanish Prince, Bruleur, Light Brigade, First Spear, and Torah- light. All those were regarded as Ascot "good things," especially Happy Warrior and Bambuse.

Another fact which points to the disastrous experiences of backers; only seven, favouritus won throughout the meeting. Three of them were on the opening day, when however the other four races were won by outsiders. Two favourites obliged on Hunt Cup day and the other two won on Gold Cup Day. On the closing day every favourite lost. That meant doubling ali liabilities incurred on the other three days. Compare with a year ago. Then thirteen favourites wou, which means a very different

י

like judgment for their good.

the

The year before last be beat fatal temperament that prevents Stadium to watch sporting Masesy, the French golfer, in the Dancan from winning Champion meetings. The first properly

at 5 to 1: He disappointed and Championship, even though he abipa, and caused him last year organised. army athletio

2

Mr. E. H. Sharp, K.O., and Mr. Eldon Potter, instructed by Mesara. Dennya and Bowley, Hon. Mr. H. E. Pollock, K.O., appeared for the appellants; the instructed by Messa. Decoon, Looker, Deacon and Haraton, for Lo Keet two tespondents, Mr. O. G. Alabacter, instructed by Mr. Agassiz, for the fourth; and Mr.

and the honours were won by a three-was taking thres putte on every even the chagrin of failing to meeting proved very popular, F. C. Jenkin, instructed by

far plosanter re-action in the year old in Mount William, the other green that he como qualify. Tom Ball, another and the successes of Prince The President after conferring week after. Instead of 25 to 1 property of Mr. R. J. Farquharson, to. It in his Mesara. Hastings and Hastings,

putting promising player of the younger Frederic Charles on the track for the fifth respondent.

with his colleagues said that the chances winning the Ascot Stokes who before establishing a stable that worries Vardon more sobool met with an accident in a 4,000 metres race, in the Mr. Sharp said that their Lord- application, would be granted. and the Royal Hunt Cup, the in England used to race a good than anything else. He attributes which set up blood poisoning in swimming bath, and in pistol and ships would see that they were It was quite clear that

the winners were returned at 14 to deal in India and Ceylon, Mount his bad play on the green to the big right hand just before play sword play will do more good for appealing in respect of a written distribution of the four-tenths! There is a world of differ. William was followed next past twitching of a nerve in the right commenced and was obliged to the cause of sport than all the explanation of the order of the should be made forthwith, ence in the margin represented the post by the old Lincolnshire wrist. Some of us wish that we scratch, and with Braid mis- newspaper articles which may be Chief Justice, which explanation An order. would be drawn up by the two sets of figures. It is Handicap winner, Mercutio, who had a twitching nervo to explain sing short putts all the way printed or the speeches which was given six months after and if it appeared that any not, of course, easy to suggest might have won had he got off a our miserable failures when we round it always looked as if the may be uttered favouring athlet- the order, was made in circum- provision was necessary for reasons why results should have little smarter. Lord Annandale, miss putts as Verdon does at a result rested between Taylor and ioism. stances which were of a special safeguarding the interests of any gone so steadily against the the winner of last year's Stewards distance of inches from the pin. Vardon. Young Ouimet, the I wish you had seen the relay character. It was from the writ- concerned, that provision would public. If the going had been Cup, was third in Mr. Walter With Vardon, however, it American player, though he beat race from Potsdam to the Stadium ten explanation that they were be inserted. The parties should abnormally heavy it might have Raphael's colours. This horse is is a very serious matter. He both Vardon and Bay in the play the other day. Something like appealing, and not really from also submit a date to the court caused upheavale in form, but sure to be heard of in connection has tried electrical treat off for the Open Championship of 3,000 runnera figured in the

the distribution instead it was throughout on with the next Stewards' Cup. the order.

upon which

meat with some success, bat America last year, had to admit competition, with the result that The facts of the esse were should be made.

top of the ground." Probably a Sunnylake, who won the Glat confesses that when he started that he was quite outclassed in the Berliner Sport Club defeated these. In 1894 the testator

lower standard of jockeyship Triencial Stakes, was the only on his last round with Taylor at the company in which he found their old rivals of Charlottenburg than there has been for a long winner of the meeting for His Prestwick, his wrist began to himself at Prestwick. Harry by a few seconds. The excite Muber und Woctoa are greatly to hear the cheering The horse Taylor and his fighting propen- popular, but nevertheless it would arena, time has something to do with it. Majesty, and it was indeed good trouble him afresh. Knowing Vardon's viotory wag very ment was tremendous in the missed, and there is no-one at was well backed though not sitics, he did not tell him until have been a good thing for golf. If the outhalensb present to step into the vacancies. quite in good a favourite as Mr. afterwards. Donoghue, Clark, Wheatley, James Russel's Polycrates," who Herbert Jones, Wing and Shear had son well for about a mile in are good average jockoye, bar the Derby. Fiz Tams, the win- nothing more. The best of them ner of the Cesarewitch last year is Donoghue, because he is wide and wonderfully fine stayer,

Lient, S. Moad, R. A., arrived by awake and enterprising, and he won the Alexandra Plate, which an enormous gallery of spects the s.8. Fockeang on the 18th can also ride a good finish. An- is a race of close on three miles. tora. Despite all the stewards instant, and is taken on the other reason for inexplicable to The dorse is owned by Mr.O could do they literally overran strength of the Command accord sults is poor starting Mr. Will Wadia, a Parsee of Bombay. One the course. J.H. Taylor suffered ingly.

I am glad to hear of English oughby, the starter to the Jockey of the surprises of the meeting more from the crowd than

improvement in athletics this Club, is constantly the subject of was the defeat of the well-known did Harty Vardon. Once The official rate of the dollar Besson, but our boys have a long math criticism. When his eprinter, Grat Surprise for the, or twice bie ballstrook, for the month of August, 1914, Way to go. They are all forging starting is consistently indifferent King & Stand Staky. This horse and was diverted by a speotator, for all payments fixed in sterling ahead on the Continent, and there must be something wrong, wat made an even money, who was reproved by Taylor for which have to be made at Hong points will be hard to win. Keep not so much with the machine se favourite but he was not even getting in the way in ouisp and kong and on the China Station, in mind a Dutch youngster called with the human elements that placed behind Adular, who won well chosen langange. What the will be 1/100

Gryppels, of Amsterdam, who is controls it. In day one, we may for Baron Springer from a feelings of the spectator were is

wacht -15 27q|| likely to make a big name. The not see any substantial improve-year-old Silver Spray and Golden not recorded. Some Golf Cham Excess Passengers, | Berlin boys viho saw bim run at, ment until the Jockey Club give Same The two-year-old w piotis say they like to have a big At the Marine Court this morn Antwerp, the other day, were trial to the walk-up start as gett 46 lhs from "Adular, who gallery following them. It makes ing, a Chinese was fined $5 for greatly impressed by his run opposed to the impossible method 18

advertisement for the them play beiter and the ring of orzzying oxoeng pasaangere. against CW Taylor

Mr. Pollock asked for the costs died. He was a domiciled Chin- of the day but the President said ose, and he left considerable they should come to the only leasehold property in Hongkong That appeared to be to the present value of roughly, opportunity that the appellant 8255,000. He left surviving bad of bringing "the question two persons to whom it would be before the court, and he would been justified in necessary to refer the widow, not have who was since dead; and also obtaining expensive evidence of the eldest son, who had also that nature without first died since but who in fact was ascertaining whether the court represented by a his would reosive it or not. S

son, olieat. Under the will the

Tho case was adjourned until tostator divided, the estate in the sitting of the Fall Court of to ten parts, four parts of which Appeal when the evidence will went respectively to each of three be called.. sons and one grandson. That left The court then adjourned 878 siz parts which he provided die, should go towards the establish- ment of an ancestral fond for ever. No share was left under

Inspecting English Gun.. that will to any female descen

Factories, dent. For many years after the Herr Krupp von Bohlen and death of the old man the estate Herr von Balow, heade of the was managed by his widow, who great armament firm, are paying died in 1909, fifteen years after visita of inspection to various wards. Shortly after that, this English factories.

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[HOW Ou-TiɑNYON MERA IN ŽE MÁT. V-Paspoort van kau une luni daIL USERG

As a matter of fact both men, veterans of the game though they are, were almost too much exoited to exchange a word. Neither of them had ever played before ench

if a new man had won.

Arrival.

-- Rate of Dollar.

becomes mach greater before 1918, and this it is certainly bound to do, I am afraid the Stadium will not contain half the people who will wish to be present. As you sid it might suit Stockholm, but it would scarcely do for London or Berlin on a big day such as the Marathon,