WILL OF CHINESE.

Manawatu Standard, Volume LIII, Issue 233, 30 August 1933, Page 10

WILL OF CHINESE.

HONOURING HIS ANCESTORS. PROBLEM FOlt EQUITY COURT. The desire of a Chinese, who was formerly a storekeeper at Cobar, to do honour to his ancestors, lias produced diilicult legal problems for the Equitv Court in Sydney. Before Mr Justice Davidson, a hearing commenced of an originating .summons, by which the determination of tho Court was sought of various questions of construction, arising out of the will of Wong )\ ah Geo, deceased. The plaintiff was Dudley Lyaward Holman, of 204 Clovelly Road, Randwick, an executor of the will; and the defendants Wong Sun You, Mary Ruby Wong, Ivy. Wong, Yee Lee the N.SAV. Chinese Chamber of Commerce, and the Attorney-General of New South Wales. Wong Wall Gee died at Blaeklrenth on December 8, 1031, leaving an estate of £30,902. He appointed .Mi Holman (plaintiff) and Iris daughters, Mary and Ivy (defendants) to In executor and executrices of his will, and by that document made a number of devises and 1 requests, which have created great difficulty. To the Chinese Commercial Association ol Sydney he bequeathed £IOOO ior the erection of a school for boys and girls at Pak Sliek Jang Sing, Canton, to he known as the Wong Wall Gee College; £IOOO in memory of his ancestor, Ncm Bat Tsu, of Sarto, China, to be distributed for the benefit ol Nem’s descendants in such manner attire association should in its discretion think fit; £3OO in memory of his grandfather, Wong Duck On. also to he distributed at tho association’s discretion.

The principal difficulty created by the bequest to the Chinese Commercial Association of Sydney is that no such association exists. There is, however a Chinese Chamber of Commerce. Evidence is being submitted to Court that the literal translation of the Chinese words for ‘'Chinese Chamber of Commerce” is “Chinese Commercial Association.” It appears also that the chamber was officially opened under the name of the Sydney Chinese Commercial Association, l>oing thus registered lii the Department of Com-

liierce at Pekin on July 2, 1913, and that the name was changed to tire New South Wales Chinese Chamber ol Commerce in 1915, under instructions from the department. Wong Wall Gee was not a member of tbc chamber, but the firm of Fong Wall Lee and Co., of Cobar, of which he was the principal, became a member in 1913. Inquiries made by the executors ol the will with a view to obtaining information which would throw light on the bequest of £IOOO in memory of Nem Bat Tsu, testator’s ancestor, have revealed some interesting facts. For instance, Nem Bat Tsu died many hundreds of years ago, though no one, apparently, can say exactly when death took place. His descendants arc living in many villages in Southern China, and are estimated to number four or live thousand. The president of tho Svdnev Chinese Chamber of Commerce says that it would be quite impossible to trace all the descendants of the man mentioned. Among the specific bequests made by the testator was one of £3OO to Y'onk Gong Tsu. This has given rise to some doubt. It is stated (1) that the reference is not to a person but to the cemetery of testator’s ancesors; (2) that Yonk Gong Tsu was the ancestor of the testator’s native village; (3) that it is a proper name without meaning. The Court is being asked to decide whether the foregoing gifts on trust to tho Chinese Commercial Association are valid and cniorccable, and whether the Chinese Chamber ol Commerce is entitled to payment ol tho legacies. Also whether gifts to Yec Lee, testator’s brother, of £2OO in memory if his father, and to \onk Gong Tsu are valid. Otherwise the testator, by his will, gave £2OO to each of Iris two brothers, small gilts to the Collar hospital and churches, and devised the remainder of his estate for his widow and children. The will was executed on November 11, 1931.

The hearing had not advanced beyond tho reading of affidavits when the Court adjourned.