MAUNG DWE Vs. KHOO HAUNG SHEIN

JUDGEMENT

(1.) THIS is the case of a disputed succession to the property of a lady named Ma Shwe Kin, a Chinese Buddhist living in Tavoy, who was the third wife and the widow of Khoo Shwe Goon. Khoo Shvve Goon was first married to Ma Lin and by her he had a son -now deceased and another son Khoo Ping Hoe, one of the respondents in the appeal. Ma in; died and Goon married Ma In, by whom he had a son Khoo Ping Kyan, now deceased. Khoo Ping Kyan married and had three sons and a daughter who are the other respondents. Ma In died, and after some years Goon married his deceased wife's sister Ma Shwe Kin. Goon died in 1917 before his third wife, who died in 1919. He disposed of his own property bv Will.

(2.) MA Shwe Kin died in 1919 possessed of considerable property, which was her own. She was also entitled to a share of the succession of her mother Pwa Zo. Ma. Shwe Kin was survived by a brother and married sister. This brother, the sister and her husband are the appellants in the present case. Originally a question was raised as to whether Goon really ever married his third wife, but it is held in the courts below that the marriage was sufficiently established by habit and repute and no question as to that was raised before their Lordships. The case, therefore, resolves itself into the question, who are to be preferred, the step-son and step-grandchildren, on the one hand, or the lady's own brother and sister on the other?

(3.) APPEAL was taken to the Chief Court of the Lower Burma, and the learned Judges in appeal reversed the judgment. They held that the case of Ma Gun Bon v. MattngPo Kywe 2 U.B.R. (1907,1901) 66 proceeded on general principles and not upon the special charteterof the property in question. They also held that the facts above narrated created no disqualification.