Re Butt Chak Fai Late of 4
Read the full judgment text of HCAP 5/1974 on BabelCite. This High Court CFI judgment.
1. This is the resumed hearing of a summons which seeks a direction that Caveat No. 5 of 1974 entered by CHONG SON WA be cleared and an order that letters of administration be granted to the Chartered Bank Hong Kong Trustee Limited - a limited grant.
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HCAP000005/1974
IN THE SUPREME COURT OF HONG KONG PROBATE JURISDICTION -----------------
Coram: Mr. Registrar Silke in Chambers. Mr. Dennis Chang instructed by M/s. F. Zimmern & Co. for Applicant. Mr. H.C. Miu instructed by M/s. Peter Mark & Co. for Caveator. Date of Judgment: 18th July, 1974. ----------------- DECISION ----------------- 1. This is the resumed hearing of a summons which seeks a direction that Caveat No. 5 of 1974 entered by CHONG SON WA be cleared and an order that letters of administration be granted to the Chartered Bank Hong Kong Trustee Limited - a limited grant. 2. On the 14th May, I adjourned to allow the Caveator file a Statement of Interest. 3. It is clear from that Statement, and from that which Counsel for the Caveator has had to say, that the "dispute" if I may call it that, is as to devolution of the 45 shares. The Caveator even goes so far as to say that she has no objection to a grant limited to the rest of "the estate" being taken out by the Applicant herein. The right to a grant is not apparently disputed. 4. I have considered the argument and do not wish to add very much to that which I had to say on 14th May. 5. The Chartered Bank have agreed to act, I have a discretion and the matter is properly before me under Rule 44(12) of the Non-Contentious Probate Rules. This is an exceptional case. 6. The present Caveator is perfectly entitled, if she wishes, to mount a full blown administrative action though I hope, in the light of the tragic circumstances of this matter, that the unhappy differences between the widow and the mother of the deceased may be resolved without protracted and unpleasant litigation. 7. But these unusual proceedings should in my view be discontinued by making an order that the Caveat be cleared and making a further order that letters of administration be granted to the Chartered Bank Hong Kong Trustee Limited, such grant to be limited until the infants Butt Oi King, Carolyn and Butt Yiu Yu shall apply for and obtain a like grant. Liberty to apply. 8. The costs of this application will be taxed and paid out of the estate on common fund basis with Certificate for Counsel and the costs of the Caveator be borne by the Caveator.
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