1930-03-24 — Page 8

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BRITISH MADE

THE HONGKONG TELEGRAPH,

THE

MONDAY, MARCH 24, 1930.

WORLD SPORT.

SCOTLAND LOSE TO CHINA.

HEAVILY DEFEATED IN CHARITY CUP.

RECREIO'S SUCCESS IN THE SENIOR LEAGUE.

SATURDAY'S SOCCER.

•

"

THE CHATER WILL APPEAL.

Rate of Interest,

but are tenants of a portion of the residue of the estate, and are co- tenants in the residue with the cetui que trust under Clause 8 (d). It follows, therefore, that interest as auch is not payable to them and that they may not invoke the Court rule of eight per cent, interest for their advantage.

· EXCITING. HOCKEY,

HONGKONG LADIES WIN

were

CAER CLARK, CUP..

Excitement and enthusiasm: the features in the replay hockey tis between Hongkong and Kowloon ladies, for the right of holding the Caer Clark cup for 12 months, which was fought out on Saturday, and it might fairly be said that these two influences crowded out all attempt or idea of good standard hockey.

A Fast Game,

The tables were changed somewhat for the first twenty minutes of the second stage, but despite the fact that Kowloon had most of the ball, they were seldom truly dangerous, even when they were

were in front

of goal, Had the forwards shot a little more frequently they might have been re- warded with goals, but they attempted run the ball into the net, and against such a robust defence as Hongkong, this did not prove a paying proposition.

to

A breakaway by the whole of the

Hongkong forward line, following

a series of attacks on their goal, saw a Kowloon defender make a blunder which Miss Stanion was quick to seize, and she gave Hongkong a win- Kowloon ning lead of two goals. were defending hard in the closing minutes, which removed all chances of any late goals from them.

(Continued from Page 1) And indeed, the matter becomes academic merely if the final sub mission of his learned counsel as After the delivery of the judg: to the rights inter se of the benelment of the Full Court, the parties diaries under clause 8 is accepted conferred but without reaching by this Court. With the consent agreement, and the executor avail of this appellant, the executor has ing himself of the liberty accorded In defence, all players did well already made payments to these by that judgment to apply to the up to a point, and the loss of five beneficiaries, calculated at four Court, applied accordingly to the

annum apon the learned Chief Justice. goals is an indication more of the per cent. per

As was expected the pace set up was On this application it becama alertness and deadly shooting of maximum value of their prospec-. Suen than of any very clear weaktive fund, and has made these pay necessary to interpret Clause 8 (a), extremely fast, and it says much for all twenty-two players, that they ness by the defenders.

monts upon an account prepared (b), (c) and (d) of the will in maintained it to the end. In the first Nevertheless, Scotland, did not as from the date of the testator's order to ascertain the mutual re-half, Hongkong, were definitely the have a good day. They were out death. The scheme for adminis-lations of the beneficiaries there better team, and deserved to lead by of harmony. The Chinese got tration of the income submitted to under. The learned Chief Justice two goals, Instead of one. into their stride early on and once this Court on behalf of the appel adopted the view that the funds they had settled down it would lant at the close of the reply of his crented by Clause 8 (a), (b) and have taken an exceedingly power learned counsel contemplates u ful team to hold them..

credit accuring to these benefici- (c) must be classified as pecuniary legacies and must therefore bear interest again within the Rules of arios as from that date,

Court at eight per cent. per. an- RECREIO'S SUCCESS.

num. He made the order accord. Smart Inside Forwards Upset

1 now come to the second divi-ingly, directing that this amount Kowloon....

sion of the appeal by the executor may become payable in respect of Kowloon had the better of the against my original judgment-any year subject to the sufficiency [By "Wanderer."] play territorially, but their inside that relating to the rate of in- of the income fund of that year, but The real subject matter that consequently, upon the consent forwards were so inept. in front terest.. Defeating Scotland by the con-of goal that the Rocreio, whose involved is the amount of income of Mr. Bagram, who is named in vincing margin of five clear goals less frequent attacks were always which should accrue in the ex- these proceedings as representative won the full of the spice of danger, were ecutor's account to the credit of of the persons interested in these beneficiaries. The Full funds, to receive seven per cent. on Saturday; China

It was not an these logical winners, International Charity Cup for the inspiring game. Both teams had Court reversed my judgment upon in lieu of eight per cent., the judg- first time since it was donated to a touch of the end-of-the-season this point and without giving any ment should be formally drawn up the Hongkong Football Associa-feeling, the Recreto to a lesser further determination of the ques- for this lower rate of interest. tion by the proprietors of the extent, which possibly explains tion raised, invited the partics to confer in the hope of agreement. Sunday Herald. Scotland strug their success. gled pluckily against the strongest They opened the scoring against with liberty to apply to the Court. The decision of the Full Court side available to China just now, the run of the play some

interval, was that this matter was governed bu, the issue was never really in minutes doubt. The superior teamwork of Remedios punting well up the by Clause 7 of the deceased's will. a long time Held for Rocha to deflect the ball clause 7 is a common form. (to be the Chinese was

beautiful found in precedents) designed by asserting itself, but in the second into the net with

Kowloon forced corner legal practitioners to defeat any hall, four goals came in quick header.

after corner, but Silva-Netto and application of the rule in "Howev. time.

the Sousa were very watchful, and the Earl of Dartmouth" (7 Vesey, the Senior League, In

Recreio defeated Beltrao was seldom in trouble.127), to the administration of an Its effect is to provide Somersets and the Artillery and Kowloon respec- Once he dropped the ball from a estate.

hot shot, but recovered just in that net rents, profits and income tively.

time to prevent the ball from from a testator's estate, derived at any time after his death, shall be entering the net.

after the classified by the trustees in the ac- The Recreio soon resumption snapped up another counts of the estate as the income opportunity, Roza-Pereira beating of the financial year in which they Angus Junior easily from close are properly accountable, and con- range when Rocha and the centresequently, that the capital value of forward had got the defence into the estate, as existent at the date tangle. Eastman miskicked and of the testator's death, shall not be placed the ball right at the scorer's enlarged by any such accretion of fect.

The visitors had more of income, whether it be found to be the play in this half and the de-sufficient or insufficient to meet the lightful short passing of their claims of beneficiaries under the forwards would, with any luck, will upon the capital fund. goals, have produced further Kowloon reduced the lead from a breakaway.

to Miles middled Simpson, who passed on to the un- marked Moss, who netted with easc. Pile did a tremendous amount of good work on the right, but his centres were wasted.

The full results follow:

International Charity Cup Final

China

5 Scotland

Senior League. Somersets 2 Artillery Kowloon

Recreio

Kowloon

1

Junior League.

D

2

St. Joseph's

5

R.A.M.C.

B Navy Res.

Eastern

4

R.A. Res.

S. China "B" Ewo

Somersets

0

1

Club Res.

0

•

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A.P.D. 6.

SCOTLAND'S DOWNFALL.. Outmanoeuvred by Chinese Forwards.

It was a strange team, quite dif- ferent from that expected, Scot- land put into the field, hence the ultimate result was regarded as a In the last foregone conclusion. analysis, however, it will be agreed the Scottish eleven performed bet- ter than their early promise, and were somewhat unfortunate to suffer defeat by five clear goals.

China were in a sparkling mood. Li Tin-sang and Ip Pak-wa fitted into the Athletic team nicely, and the difference in teamwork was marked from the outset. Th Chinese delighted their supporters with some dazzling movements and there was a liveliness about all they did that fully dispelled the impression gathered of late that the Chinese are going stale.

The Athletic half-backs dominat- ed the game and Suen Kam-shun and Tso Kwai-sing completed Seat- land's discomfiture. Suen was in

before, the

A

Remedios was outstanding in the Recreio defence, and all his colleagues had the quality of steadiness. Rocha was the live liest of a bright attack. had bad luck with his shooting.

-

Ward

SOMERSETS SUCCEED. Royal Artillery Beaten in Second Half.

The Artillery held the Somersets

Residue of Estate.

Negatived by Full Court. The present appeal has been

Cap Presentation. brought to reverso this judgment

Following the game, the cop was by the trustee for the persons in presented to Miss Stanion, captain terested under Clause 8 (d) of the of the winning team, by Mr. Caer will. With respect, it seems to me Clark, the donor, who, after being in- that the judgment under appeal is troduced by Mr. W. Woodward, said inconsistent with the judgment of he was glad to have the opportunity the Full Court on which it must of stimulating hockey amongst the com- Ha for competition. be based and that the conclusion ladies of the Colony, by offering the reached in the judgment-that cup

on their dis- gratulated both teams these beneficiaries as pecuniary play..

interest in legatees might claim

Mies Stanion in acknowledgment, accordance with Section 673 of the thanked Mr. Caer Clark for his Code of Civil Procedure-had been generosity in donating the trophy already negatived by the Full Court, and expressed appreciation to the The judgment of the Full Court, Kowloon Ladies' Hockey Club for the of course, must, whether right or use of their ground that day. wrong, be followed until it is set side, but, in my opinion in so de- ciding the Full Court correctly con- strued the will. Clause 8 did not segregate pecuniary legacies. It For these reasons I am of opinion sub-divided a residuary interest. that the second and third heads of this motion of appeal should auc- ceed.

Cheers were given for Mr. Clark and the teams, after which the Kowloon ladies entertained their visitors to tea.

It is learned, that Miss D. F. Stanion, captain of the Hongkong Ladies' Hockey Club, is shortly leav absence from the team will be greatly ing the Colony permanently, and her felt. During her two years assocls- tion with the Club she has

proved bath to be herself

an ideal, les

In on and off the field. Her the centre-forward position have been one of the outstanding points of the Hongkong team. She will be difflenit to replace, Miss Stanion is taking up

residence in Hankow,

NAVAL LOSSES.

TWO. DEATHS IN H.MA. "CORNWALL,”

No Method of Distribution.

The effect of Clause 8 (a), (b), The clause provides also that the (c) and (d) of the will is as fol- entire proceeds of the reallation of lows:-At the date of the testator's any reversionary property (that is death (ns, also, at the present time) to say, as well as every other type the amount of his residuary fund of property) shall be accounted as was unascertained. For dialecti- belonging to the capital fund only. cal purposes it may be nothing, or The direction of the testator con- it may be considerable. It is, in clause does not fact, estimated to be so large that tained in the furnish a method of distribution of as I have already said, with the the income fund among the claim- consent of the appellant in these ants thereto. It merely indicates proceedings, the trustee has paid to that the funds from which claims the beneficiaries' indicated in this The individual brilliance of

upon capital and claims upon in-summons, four per cent. per annum come respectively may be satisfied. upon the maximum capital value of

The ship's company of the several of Kowloon's players was

must, of their prospective benefit.. offset to sume extent by the

Clause 7 of the will

Tho benefit under Clause 8 (d) cruiser "Cornwall," now serving absence. of understanding course, be read in this connexion Hedley, Dowman, and Eastman with Clause 8. Under Clause 8, is postponed to that under Clause in northern waters, has lost two made a good line of half-backs, but the testator directs the trustees in 8 (a), (b) and (c). Until these of its members within a fortnight Stoker Hewins, aged 43, died in Gillot was worried by short pass-the matter of the application of three prior funds have been set ing tactics and Pile (C.) was monies from time to time and apart by the trustee, the fourth in- the Shanghal General Hospital on suffering from an injury. T. Pile ultimately appearing in the capital terest remains in abeyance. The March 4th, from pneumonia. He Church of was a married man with five chil- was the only forward to do justice account of the estate as the process Armenian Holy to Himself. Simpson was a good of its appropriate investment ad- Nazareth, Calcutta, under Clause 8 dren and his death is made all the vances and is completed. After (d), is a participant in the re more pathetic by the fact that he. trier.

deductions for specified purposes sidiary estate which can receive no had less than two years to serve (and here reference may also be benefit until he claim of he prior to complete his time for pension. made to Clause 13 of the will) the legatees under this clause have been

A. B. J. McMillan, aged 30, died, to defined. instructed the trustees Are

on board the ship at Nanking on stand possessed of the remainder

a victim of Scheme Submitted."

March 15th," "also to ("herein collectively referred

pneumonia. He is survived by a as my residuary estate") as a

It is in these circumstances, that wife and child and was to have such brilliant form that the game through a strenuous first half, but fund for the purposes set out in the direction of the Court is sought left the navy this year after com- as to the sub-division in account of pleting twelve years of servise. was almost a personal triumph. the defence failed after the in- the clause.

the income of this residuary fund The interment took place at the lie scored four capital goals; three terval, and after the conversion of

between these bencficiaries.. A Foreign Cemetery at Nanking, in succession, and his midfield a penalty kick-ending a remarkaber

This fund is the residue of the scheme for this purpose has been deceased being accorded full naval work was exemplary. Gilchrist run of failure from such awards by the Somersets-Bewley Bull put and McGreavy, in the first half, the result beyond doubt with a estate. I cannot find that any in- subraitted by the appellant for our honours

under this will consideration under which it is pro- The late A. B. McMillan was and Gilchrist and McKelvic in the

a member of the Hongkong Asso- second, expended much energy in smartly-taken goal during a melee, testacy emerges

The game was not by any means after its provisions have been duly posed that the annual net income keeping him in check without all one way, Hall bringing off two complied with. The fund referred be sub-divided as it accrues between ciation Football Referee's Associa

Lion.-R.E.K. brilliant saves to keep his charge to in Clause 8 is a true residue-the beneficiaries under Clause 8, On the Chinn right wing Ts intact. The Somersets were much something into which all otherwise by which the interim income to be e estate is to received by the beneficiaries with Kwai-sing was a constant source more methodical, however, the unalloted capital of of worry, his square centres being quality of their half-back line merge. It is true that Clause 12 the prior interests will vary with danger-laden ail the time. I giving them an undoubted ascens of the will speaks of "the funds the fluctuations in the capital value l'ak-wa was not so distinguished, dancy, and they fully earned both created by Clause 8 (a), (b), (c) of the whole estate, and also with or (d) of this my will" but this the expense of its administration. but he received many ideal passes points. from Suen and could hardly avoid There were some lively ex-language refers to the sub-divisions Under this suggestion the Church doing well.

changes, the Artillery indulging in of the residuary, estate referred to would in certain circumstances, re Nevertheless, Scotland battled dashing raids, with long passing, in Clause 8 and not to that portion ceive a fraction of the net income In my opinion, the judgment very gamely against odds, and at being especially dangerous. after of the estate regarded as a whole. and in certain other circumstances appealed from, so far as it prescribes the payment of interest, should be reversed, and this Court the interval, thanks to some brila spell on the defensive, when the Clause 12 reads "8 (a), (b), (c) would receive nothing at all. ⠀⠀⠀

Contrary to WIL

should in answer to the question liant saves by Rodger, and some Somersets half-back's were not or (d)", not "b (a), (b), (c) and

(d)". defence. neat interceptions by McKelvie well positioned for

This residuary estate is by

This scheme seems to me to be raised in paragraph 6, of the and Oram, they were only one Hayward and Hulah gave a sound Class 8 definitely set apart and wholly impracticable and to lend Originating Summons declare goal down. In the second half, exhibition at back, the former's assigned for the benefit of certain itself to a series of laborious and that the interim. Income of the the persistent Chinese attack kicking being a great improvement

persons who are true residuary caused the defence to falter, and on his efforts against the Recreio legatees and are entitled within the unsatisfactory calculations. But, residuary estate accumulated to Suen snapped up three perfect Gill, who obtains the majority of terms of the clause to the benefit of apart from this, it also does not, the date on which the funds under opportunities, while Lam Yuk-ying the R, A, goals, was rather off the the corpus and the income of the in my view, carry out the pro- Clause 8 ta), (b) and (c) of the visions of the will itself, will and Clause 5 of the second netted from a rebound when target..

residue of the estate.

The actual sub-division of the codicil may be established, will Rodger saved 2 penalty kick The Somersets employed dif-

No question arises here as to the superbly, but was unable to hold ferent methods. They mixed long division of the corpus. In the income of the residuary estate be then sub-divisible among the the ball.

and short passing judiciously, and Originating Summons, the Court is among the beneficiaries under cestus que trusts of those funds, Scotland's one real weakness but for the determined tackling asked to lay down the method of Clause 8 cannot, in my opinion, together with the cestue que trust was at forward. The attackers and kicking of Frearson and the distribution of the net income.take place until the contemplated under Clause 8 (d) of the will, in were hopelessly ragged, and Oliver, the B.A's last line of de- The Full Court decided that Clause funds have been implemented by proportion to the capital value of scarcely one effective combined fence would have been more 7 governs this matter and that the the trustee; then, and not till their respective interests under movement was seen from them greatly troubled than he was. Rule of Court made under Section then, can the delimitation of the the will and codicil, and that any throughout the game. Scott had Fletcher had no chance with either 673 of the Code of Civil Procedure various interests. In the Income payments to be made in advance Hashes of brilliance on the left of the shots that beat him,

has no application to it. wing, and his centres were often

Import Clear. exceedingly well judged, but only very rarely did a acore seem pos- sible. Scott himself came closest, with a shot that hit the post. Admittedly, the forwards suffered from lack of support, Scotland's half-backa being too busily

London, Mar. 22. engaged in defence to have oppor- The Oxford crew rowed a fall course tunity of guaging their forward trial to-day from Putney to Mortlake, passes with any pretensions the time being 21 min. 8 secs.

The conditions were good and the crew in excellent form

great success.

accuracy, CA

THE BOAT RACE.

OXFORD HAS. A FULL COURSE TRIAL

Reuter.

The Full Court might have dealt more in detall with the implications of this decision, but on considera- tion its import becomes clear. In the opinion of the Full Court, the cestui que trust under Clause 8 (a), (b) and (c) of the will and Clause 5 of the second codicil are not in the position of pecuniary legatees

fund be affected.

tion, having regard to the Onancial. development of the estate and the benefit of all concerned.

Judgment Reversed."

on account of their interests to. In the meantime any payment the cestue que trust specified in. made to the beneficiaries is made this paragraph are matters within in advance on account of benefits the discretion of the trustees" to be ascertained at a later date The costs of the parties to this when the account of the estate appeal, as between solicitor and will be adjusted. The trustees cilent, will be paid out of the are not compellable in these estate. The star f proceedings to make any payments The Chief Justice: I concur of Income to these beneficiaries. and I have received a letter from Any payments to be made will be Sir Peter Grain in which be also made in their unfettered discre- concurs