Judgement

Appeal from a judgment (August 12, 1919) of the Supreme Court of the Straits Settlements, Penang, affirming a judgment of Woodward J.

The suit was brought by the respondent on February 25, 1916, in the Supreme Court and related to the estate of one Khaw Soo Cheang, a Chinese resident) in the Straits Settlements who died in 1882 ; the executors of the will, represented by the appellants, were defendants. The respondent, one of the next of kin, by her plaint claimed a declaration that certain trusts, dispositions, and directions contained in the will were void, and that the part of the estate thereto allocated should be distributed as on an intestacy.

The facts, including the material terms of the will, also the terms of the Limitation of Suits Ordinance

(VI. of 1896), upon which the decision of the appeal depended, appear from the judgment of their Lordships.

The trial judge (Woodward J.) held that the gift to the " kong lin " was void as a perpetuity, that there was not an absolute gift charged with an invalid condition, and that there was an intestacy as to the " kong lin." He held that the suit was not barred by the Ordinance, because in his view time did not begin to r