Greytown

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The Chinese seem to be m a fair way to become the ruling race m Grey town, where there are now 30 doing business as market gardeners and greengrocers. One European fruiterer, who entered into competition with the foreign element, had to close hjs doors ; another who Avas doing .fairly well, and buying largely from a European farmer, came home one :day and found that hissupplier had sold his crops and leased his land to a Chinese co operation. Poverty Bay Herald, Volume XXXIV, Issue 11160, 27 December 1907, Page 7

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CHINESE FAMILY CUSTOMS'

DISTRIBUTION OF A £5000 ESTATE. CASE HEARD IN THE SUPREME COURT. An interesting action was heard in tho Supremo Court to-day, bofore His Honour tho Chief Justice, to determine tho distribution of tho assets of a deceased Chinaman (Ah Chong), who was a shopkeeper in Groytown. The Public Trustee, as administrator of deceased's intestate estate, was the plaintiff, and Ng Kwok Shi (widow ot deceased), of Ah Yew Village District of Tsang Sheng, in the province of Kwong Tung, China, Kwui Yee, of the same address, married woman (daughtei of the deceased) ; and Ting Ka andf Sui Wai, of tho same address (grandchildren of the deceased) were the defendants. Deceased recently died in Grey town intestate, and the Public Trustee became administrator of his estate, which was worth almost £3000. Deceased, who was 57 years of age, was born in Ah Yew village, and lived there till he left for New Zealand at the age of 34. On the 19th February, 1875, he married a Chinese named Ng Kwok Shi, and he had one concubine whom he was stated never to have seen. All his seven children predeceased him, with the exception of his daughter, Kwai Yee. One son left twin children— a male, Ting Ka, and a female, Sui Wai. Among the evidence submitted was an affidavit of Sir Kai Ho Kai, K.C.M.G., barrister, and a member of the Legislative Council of Hong Kong, representing the Chinese community. He stated that, according to Chinese law, all deceased's property in China would descend to the grandson, Ting Ka, subject to the following qualifications: — (a) During the minority of the said TingKa the property would bo handed over to the widow to control and manage, unless for some good and suffioient reasons sho should be deemed unsuitable by the Court, in which oase tho control and management of the estate would bo left in the hands of the senior agnate — in the present case, the elder brother of the deceased, named Ng Kwai Kai. (b.) Out of the rents, profits, and income of the said estate tho following payments would have to be made:— l. Maintenance, and a personal allowance for the widow of tho intestate during her life. 2. Maintenance and a personal allowance for the concubine of the deceased during her life, at tho solo dibcrotion of the widow. 3. Maintenance and personal allowance during hor life for tho mother of tbo grandbon Ting Ka if sho should still be Jiving. 4. Maintenance and edu; cation of the granddaughter Sui Wai until her death or marriage, whichever should first happen, with suitable provision for her marriage dowry. 5._ Maintenance of all daughters-in-law (if any) of tho intestate. ' 6. Maintenance and education of all lawfully adopted bons (if any) of the intestate deceafced's sons. The main question the COurt had to decide was whether deceased, had lost his domicile of origin (China) and assumed a domicile of choice in New Zealand. If he acquired a domicile of choice in Now Zealand, all his estate would go according to New Zealand law._ If he still retained his domicile of origin, his estates (except freeholds and leaseholds) would go according to Chinese law, while his leasehold and freohold estates would go according to the law of its situation, viz., Now Zealand law. The question also arose as to how tho Public Trustee would give effect to the Chinese law. Mr. J. W. Jamieson, His Majesty's Consul-General at Canton, in an affidavit, stated that Chinese law re cognises one wife only, and a concubine is not legally recognised unless sho has a son. All the children bom to a man, whether by his wife or by his concubine, aro deemed to bo the childron of his wife, and are deemed to be _ legitimate. Mr. J. W. MacdonaJd (solicitor to the Public Trust Office) and Mr. F. E,-Kolly appeared for the Public Trustee, and Mr. H. E. Evans for the widow. After hearing arguments, hie Honour' reserved judgment. Evening Post, Volume LXXXVI, Issue 131, 29 November 1913, Page 6