April 11, 1805.J
filling up the form incorrectly. If it was a mere clerical error, of course the attention of the party would be called to it at once.
The ACTING ATTORNEY-GENERAL pointed out that the words "materially incorrect" had been inserted in the section under discussion.
Hon. C. P. CHATEE said this was a matter that had been brought to the notice of the hon. member who represented the Chamber of Commerce by the architects and engineers who were practising here and who would, in the majority of instances, be the responsible people, the owners handing the erection of the buildings to them. He hoped the Government would re- consider the proposal before putting it to the members present.
The DIRECTOR OF PUBLIC WORKS said that any architect undertaking this duty had to see that the owner of property, who was really the only person in a position to do so, supplied him with the information required, and he did not see why any public officer should have to go down to the Land Office and look up documents to verify the information supplied by the duly authorised and paid agents of the owners.
Hon. A. MCCONACHIE said an accidental mis- take might occur.
The DIRECTOR OF PUBLIC WORKS said that Accidents would not apply and he repudiated the insinnation that the present Director of Public Works or anyone who might fill that position would take advantage of a mistake to take parties before the Police Magistrate.
The amendment was therefore lost
CHINA OVERLAND TRADE REPORT.
On no
are her
the testator
267
the Court had to constrne That document possible disputes. On the argument on the ap- (except that, for facilitating reference, I have peal, without giving up that alternative conten- added numbers to the clauses) was as follows:--
The party making this will is Yui Chow, other will gave the property absolutely, not merely tion, he mainly contended that clause 1 of the wise called Sui Nam.(1) On account of old for a life interest, beneficially, to Kwok Kwai be attended with unexpected consequences, I Kwai executrix with directions to pay debts, and age and being afraid that my serious illness may and Lo Sbi, and that clause 3 constituted Kwok willingly hand over the house property and other that as there was nothing to deprive Kwok properties I have bought at Hongkong and Kwai and Lo Shi of that beneficial interest, po money and all to my wife Kwok Kwai and limit imposed on the previous absolute gift, Kwok concubine Lo Shi, who shall control the same Kwai and Lo Shi, subject to payment of debts, and collect, rents. (2) Eldest Son Yuk Ki and took, benefically, the whole property. A great sons of my own blood Yuk Kwan and Yuk Yuug many cases were cited on both sides during the and concubine lo Shi-several persons-shall arguments on appeal, and though I have considered in every case abide by the orders of Kwok them I do not know that they greatly assist in Kwai and shall the houses and property of me, Yui Chow,
account distribute the construction of this particular will, because in the management of which shall be in the hands considered precisely or approximately similar to no case were the terms of the testaments there of Kwok Kwai aloue. shall also, every month, collect and receive of those cases cited were those of alleged "prees- ($): Kwok Kwai the wording of the will in question. Several rents and look after such matters. Should tory trusts," where it was held that an absolate any debt in the way of loans remain unpaid by beneficial gift was not to be transformed into a me, Yui Chow. I request that the interest trust simply because of certain precatory words shall be paid out of the rents and the surplus where, having regard to the whole will, a trust If iu future my wife, concubine, and children at, it will be shen that there were, in the first money be applied for repayment of debts. (4) | was not intended. But if those cases are looked and if any dispute shall arise as regards my estate and grandchildren shall become uncontrollable place, words indicating that the dones was to it shall be necessary to refer the the matter to Kensington Vestry, 27 Chancery D. 394 take beneficially. In the case re Adams and the the decision of the two persons T'se Sz Pang and (which virtually overruled the decision of V. Chan Sz. (5) Let there be no disregard of the C. Hall in Curnio v. injunctions I am leaving behind." (Witnesses' Eq. 320).
Tucker. L. R17 Hon. E. R. BELILIO said that architects May, 1893, and probate was granted to Kwok use of his wife, her heirs, executors, adminis names, &c., follow.) The testator died on 21st and personal estate unto aid to the absolute gave all his real would doubtless be competent enough to know Kwai alone on the 1st August, 1893. Kwok trators, and assigns, in full confidence that they whether they were trenching upon the law, but Kai died on 29th there were many people in Hongkong who defendants
October, 1893, and the would do what was right as to the disposal there superintended their own buildings without the tiff in the suit, Yui Lam Shi (who is not by will after her decease, and it was held the executors. The plain-of between his children either in her life time or aid of architects and they might from inexperimentioned in the will) claims a minisration of widow took an absolute interest in the property ence commit mistakes for which they might be the estate of Yui Chow as “ found fault with.
Kit Fat" or first unfettered by any trust in favour of the chil wife of the testator. The following division was taken
The defendants at first drea. For the denied that the plain iff was either Kit Fat or 597, where the testator gave his estate to his So in Lumbǝ v. Eames, L. R. 6 Chancery Amendment Messrs. McConachie, Belilios. Ho concubine of the testator, but after trial of that widow "to be at her disposal in any way she Kai, Keswick, and Chater (5), against the Har- question by a jury it was clearly established may think best for the benefit of herself and bour Master, Director of Public Works, Colonial that she was Kit Fat and as such had a locus family, it was held no trust was created The Treasurer, Acting Attorney-General, Colonial | standí in the suit. It then became necessary to Secretary and Registrar-General, His Ex-construe the will. At first, the domicile of the Diggles, Grégory v. Edmondson, 39 Ch. D. 253, cases of Mackett v. Mackett, 14 Eq. 49, of re cellency the Governor (6).
testator was disputed, but, before the bearing, of Mussoorie Bank v. Raynor, 7 App. Cases 321, Council resumed, an the Bill was read a third should be taken to be Chinese. Theren pou tree others cited, come under the same principle. it was agreed by the parties that the domicile of Stead v. Melkor, Ch. D. 225, and some time and passed.
other issues, settled between the parties, came on In Cole v. Hawes, Ch. D, 233, the testator “be- were as follows:-(1) Is there a good bequest on justice to those relations on my side, such as for decision by the Puisue Judge. These issues queathed property to his wife and for her to do the face of the will of Yui Chow, deceased, in she thinks worthy of remuneration, but under favour of Yuk Ki, Yuk Kwan, Yuk Yung, and the concubine Ho Shi or not? (2) Is there a good as liberty to give and distributs what and to no restriction to any stated property, but quite bequest in favour of Kwok Kwai or not? (3) Is whom she may please;" and it was held, on After hearing Counsel on both sides the Puisne So in the case In re Hutchinson and Tenant, 8 there a good b quest in favour of Lo Shi or not? demurrer. that no precatory trust was created. Judge held that whatever might have been the Chancery D. 540, a testator gave all his property intention of the testator ho had expressed such intention so vaguely and ambiguously that he, as to dispose of the same as she may think fit for to his wife absolutely with full power for her Judge, was unable to give force to such expres the benefit of my family, having full confidence siou, that by holding that Kwok Kwai or Lo Shi that she will do so,” and Jessel. M. R., following or Yak Ki or Yuk Kwan or Yak Yuug or Ho Lamber. Eames, held the wife took absolutely Shi took any beneficial interost under the terms and that no trust was created. In the course of of the will he would be going further than any his judgment he says:-"His widow is to Lave reported case and would be creating an estate power to give the property to any one she may out of scantier materials than any other Judge think fit; she is to be complete owner of the pro- had done, and he, therefore, hell that Kwok perty, but he expects her to dispose of it among Kwai and Lo Shi were, under the will, mere trustees for the persons entitled under the occasion to tell her that she is to provide his family, that is, his children. There is no statute for the distribution of intestates' for herself, there being already a prior abso- estates."
Accordingly an order for Adminis.lute gift to her. If you make the power over- tration was made. The present appeal is from ride the absolute gift the wife gets nothing, almost entirely, in that decision. it
seems the estate consisted for you could then only give her an interest. hold property, and Kay J. points out in Dua- not there, namely, the word “
this colony, of lease by inserting in the power something which is Yen Lam Si, the plaintiff, was represented by
can v. Lawson, 41 Chancery Division, p. 397, not put in that word you make her a trustee for wife." if you do Mr. Sharp and Mr. I hillippo (instructed by mobilia in case of intestacy and that it therefore for there is no reported case in which the word "The les loci governs the devolution of in the testator's family; that is, his children only, Mr. H. J. Holwes), and the defendants, Lo governs the question as to the persons entitled, A Sam and another, were represented by Mr. under the distribution, to succeed to any un- J. J. Francis, Q.C., instructed by Mr. C. Ewens disposed of leaseholds.'
family" when used by a married man has been held to include his wife as well as his children. (for the first defendant), and by Messrs. Wilkin- the will becomes, therefore, of some importance testator directed that all his property should be The construction of In Crockett v. Crockett, 2 Phil, 553, where the son and Grist (for the second defendant).
The Acting Chief Justice (Hon W. M. Good-eutitled to her share of any leasehold property, the real point decided was that the wife and to the plaintiff, who, as Kit Fat, would become at the disposal of his wife for herself and children, man) sid→→This is an appeal from the decision the beneficial interest of which was not disposed children were not joint tenants. Lord Colten- of the Acting Puisue Judge upon the construc. of by the wil. Mr. Francis contended before the ham. however, was of opinion that the wife had a tion of the will of pae Yni Chow, otherwise called Puisne Judge maiuly, that Kwok Kwai and Lo personal interest in the fund, and that as between Bai Nam. The case for the defendants, the Shi were beneficially entitled under the terms of herself and her children she was either a trustée appellants, was argued on the 28th March by the will to Mr. Francis, QC, while Mr. Sharp (with whom a power of appointment and that the par.
a life
interest with, possibly, with a large discretion as to the application of it was Mr. Phillippo) argued for the respondents. sons entitled at the expiration of that into a life estate in herself. As Mr. Jarman says, or had a power in favour of the children, subject The will in question was dated 1st January, terest either by such 1888, and was written, in Chinese, on the default thereof were the four persons mer.
appointment or in "the former construction would have been the more cover of a bok; but, for the purposes of tioned in the will, viz., Yuk Ki, Yuk Kwan, Yuk would not only have introduced a limitation of the consistent with the previous authorities, the latter the Appeal, a certain English translation Yung, and Ho Shi, and that the testator had. wife's interest not expressed in the will, but would was taken by both parties — the document further, made arrangements for the settlement of have left that diminished interest subject to the
AIJOURNMENT.
HIS EXCELLENCY-I do not propose to pro- ceed with the Ordinance for the regulation of private vehicles to-day. The Council adjourns until Thursday next at 3.30.
FINANCE COMMITTEE, A meeting of the Finance Committee was then held. The Colonial Secretary presided
The CHAIRMAN-The only minute I have to bring before you is one in which the Governor recommends the Council to vote a sum of $3,000 for certain additions to the sheep and swine depots, recommended by the Sanitary Board,
The vote was agreed to.
SUPREME COURT,
5th April.
IN APPEAL. BEFORE THE FULL COURT.
THE CHINESE WILL CASE.
Judgment was given in this case, in which the defendants appealed from the decision of lis Honour Mr. A. G. Wise.
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