WAY OP THE CHINESE.

Dominion, Volume 7, Issue 1920, 1 December 1913, Page 7

WAY OP THE CHINESE.

AND THEIR HOME LIFE. CASE IN SUPREME COURT. THE PATH OF THE EAST. , Lights on Chinese family .life w<?r& furnished by a case which was heard in the Supremo Court on Saturday morning, before tho Chief Justice. Tho action was one to determine the distriJS- 1 cst ato of a deceased Umnsc- Al! C m, <,[ Greytown, shopkoopor. Ihc ] Trustee, as admin, tiff 5 'i n was tlie plaini- ' i : "o} • defendants were Noluvo.c Shi (widow, of Aii Yew Villa®, district of Tsang Slmng, i„ the pi-o-.Vr f /v*ang-tnng, China); Kwai *''? sanio address (married daughter oi deceased), ami Tito Ka and Sui \V:n (grandchildren of deceased). Mr J. W. Macdonald (soli•m r„ ih6 ui ' J ' lo Trust and -Mr. Kelly appeared for tho Pnblio liusiee, iuul Air, Kvaus for the widow.

Sstata Worth £3000, From the particulars set out it ap. pcared that deceased rcecntly died at Grc.Viown, intestate, and tii'o Public J.iHsteo became administrator of his os* t? tC ' w,l j ch **s valued at about £3000. Deceased, who was 57 years-of age, S ~o, r . v i All Teu Villaso, and lived in n. t ?| lcf » iS i- Nw Zcaland at ihe a ht of 34, y n Ji ebrnary 19, 187/5, \V «»* P» ia «s® *oman 'named -■iSii !n , i ' n a!so llad a conuibino whom, it was stated, ho had jjover seen. All his seven children C l i < ■ t- 1 lv, y i *' lc exception of i-iis daughter, kvvui Yce, and L hi, left ««o twin einldren—a male, Ting Ka, years? ' Sui Wai » a S sd eight Chinese Msgnate's Affidavit. fidnvit' i W C ci' (lp i t " : was an af|!Ua% it b\ Sir Kai Ho Kai, 1f.0.11 G a • r-' ""1 of tho Lcgis■ifu, O Council of lioiig-Kong, re proihe> Olimes,-. community. Tho aJioant st » te d that, according to Chin* .we law, the whole of deecased'spro--111 would descend to tho km rr Mg ,^ a ' sub i ert te the followmg. qualificaUoi'is:— L I>fti;iiis the minority of tho said :i, 'k ilwoperty , would, ho ■ Hied on,.!' to the widow to eoiltrol and manage, unless, for some, good ami sultieient reasons, it should he deemed unsuitablo hy, the Court",' ill fllucli case, die control and mana»«ment of lite property would bo 0 I lla ". lls of tho sellio ' caiost aguate-n., tho presentc c a t , , kwtlier. of tho deceased, _named-Nj; Kwai Eai. - Out o the rents, proiitw, and income of the said estates tho followingpayme»ts would have to bo made« .a; Jlanitenaiice a.nd a personal allowance for the widow of tho in- , testate during her life; (b) maintenance and a personal allowance tor- the coHpubmo of tho deceased aunng her lifo at tho solo discretion or the widow; (e) maiiitenanco and personal allowance during her lifo for tltrt utoUier of the grandson, ; l,n S lva, if slio should still bo living j (d) hiamtciiamjo ar.f( education <il tho granddaughter Sui \Vai until her death or marriage, whichoveislioi.d([ lu'st 3iappc.ii, with citable in-ovisioii for her marriage dowry • 1 "lauitei'iauce of iill .daughters-iri law- (it any) of the iniestate: (1) maintenance and education of all lawfully adopted sous (if any) of the intestate deceased's sons,

Status of 8 Concubine 'The principal question which tha Court(had to decide was whether deceased had lost Ins domicile of origin {China), and acquired a domicile of choree HA New- Zealand; if j io j md ac . quired a dominiic of choice-, ill Ncw 'Zr:\* land, all his estate* would go according to New Zealand law, and, if hp still rf" imbed his domicile oi' <irigiii, his estate* 'excepting freeholds, and leaseholds) would go according to Chinese law, while Ins leasehold and freehold estates would, gv according to tho law of their situation, viz., New Zealand law, l'i'lo, question „!?o arose as to .how the Public Trust'oo would giro effect to tbo Chinese law

Mr. J. \\. vTaluieson, His Majesty's Consul-General at Canton, in an a'ffi- . davit, stated that Cb.in.eso law rccog* mses oiit» wife only, and a concubino is not legally u-eoiniisrd unless she has a son. All tho children born to a mail whether by his wifo or. bv his concubine are deomod to bo the children of his : vl ' p .> ! ) nc ' ar ° deemed to bo kgitiiuai.te. rluviiij* hoard counsel oil the iHfttter, ! His Roiionr intimated that 3-io woirjj i give his decision in writing. Letters try a Chinese to Ills Wife. . Included in tho papers be-aring on :! o case were'traiislatioiis of a number of letters written by the deceased to Ins relations in China, Tho first of these to his wife, w;ss dated January 31:, 3906, ■uid. r,in aa follows :— "This letter is io let Ewol; Shi know flint several family letters have beeii received, nwHrom the statements therein I leari! (hat an epidemic has been prevalent in such a grievous manner t-iat liie is a fiasco. As fate is predetermined by Heaven, you must not grieve and worry, aiui 1, your husband, b?ihg abroad, am really'anxious. i'h& business lias now beeit transferred to other people, and after tho various inciuls have returned mo my money, f. !£& " iire rplmil Iwmc without d'e!«.v. . This letter docs not exhaust r'\ t'lat I want to say, and good news will be sent lor your information later*' A subsequent letter to tlio wife was couched in the following terms:—"Sineo 1 left yon lor fho foreign land many years haro passed ; when I think'of tho laniisy alfairs, 1 am restless and mindiul. I depend upon vnu, mv wife, to manage all the* big ami small affairs. •Vnt; must'not sadly brood over the bygones, as it will do great injury to your health. - Aii old saying has,' 'Heaven foriis's and 'disposes, and Fate brings about.' It is also said that the span of one's life is predestined, and a mail's riches and honours rest with Heaven They are beyond human power, i now hope my wife will eat heartily. and nuton more clothing, and lake good care of your health, which is important. i have beard from rumour that Lou Shi tfie 'concubine f.-iken some time ago' enmo to the hmisj on November R last' and I now hope vvm will, with her'in , fa ™'- v - the daughter-iii-iavr and grsndrinldren. and will „ot ma,co any dishnrfi.ms as first, second, or third class??, and if you treat Iter' iS "| S T ! 7 il|»n lite whole tamdv. Ti'.iuiKs to Uk» Messina of Vou.my w'ife all th„i 1 h;,v.. olaiined has turned out somewhat successful " Another letter is one wrilten bv iho. ?Sn« Ise uA tfl (fcW-Y •»; 190bOn tho 2Sth clav ol' the 'lib moon (22WI008), I receW'd a loti!.r ifom Lau Sis.!, and Were aequainled with all the matters. Last year I iniended a coantryman <rf mine in bring you here, but a reincidenee occurred in tlio affairs of my shop, thai .i foreigner nowly arrived, and my g!:ii::; anywhero was prevented. Afterwards it was more c)i(lleli!t to reojiiest a countryman to do it, flnid therefore I did not for-ne myself to have it T wish to transfer tho business to <iflier people, hut it is not yet phoperly settled, and probably I shall find it convenient to return homo in tho first, second, or third moon next year._ On seeing lias n-oie do not feel anxious about it. Otiier matters are not referred io, and this is my letter written by yours humblv, Ng Kwiiig Chgungjlr ' ' '