KHOO HOOI LEONG Vs. KHOO CHANG YEOK

JUDGEMENT

(1.) This appeal is brought from a decree of the Supreme Court of the Straits Settlements dated 11 August 1928 by which an appeal from a decree (dated 22 February, 1928) of Sproule, J., was dismissed. This last mentioned decree was made upon the further consideration of an action and upon a summons to vary a certificate made therein by the Registrar in answer to an enquiry which had been ordered by the judgment in the action. The enquiry was framed in the following terms : '' An enquiry whether the said Khoo Hun Tea was a legitimate son of the settlor." The settler was one Khoo Thean Tek, and he is referred to hereinafter as the settlor.

(2.) By his certificate the Registrar had found that Khoo Hun Tee was a legitimate son of the settlor. Sproule, J., reversed that finding and declared that Kheo Hun Tee was not a legitimate son of the settler. The Court of appeal affirmed the decision of Sproule, J. The effect of the decision of Sproule. J., and the Court of appeal is to exclude Khoo Hun Tee from the class of "my sons and grandsons" who are to take as beneficiaries under the trusts of a settlement of land in Penang executed by the settlor on 8 December 18SS. Their Lordships however are not concerned with any question either as to construction or otherwise arising under this settlement. They have only to determine whether the decision under appeal is or is not correct.

(3.) Most of the relevant facts are not in dispute. The settler was a Chinese domiciled in Penang, who had in addition to a t'sai or principal wife one or more t'sips or lawful secondary wives. During some period of time (the extreme limits of which are stated later) he was in sexual association with a woman named Petronella who as a result of this association gave birth to Khoo Hun Tee on 22 January, 1854.