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2002 MarsdenLR 2048 ; 2002 MarsdenLR 1

RAMLY ALI
DALAM HARTA PESAKA NGAU KEN LOCK – Appellant
Versus
NGAU VOON KIAT – Respondent


Advocates:
1. Francis Tan, Tetuan Rosni, Francis Tan & Ho for the Petitioner.
2. T. H. Goh, Tetuan Azhar & Co. for the Applicant.

GROUNDS OF JUDGMENT.

There are two applications before this Court in the present proceedings namely:

(i) enclosure 8, which is a petition by the Petitioner to be appointed the sole administrator of the estate of the deceased (the late Dato' Ngau Ken Lock), under a grant of administration (with will annexed) de bonis non; and

(ii) enclosure 14, which is an application by the Applicant to be appointed as a co-administrator de bonis non jointly with the Petitioner.

Background.

On 8/3/1978, the late Dato' Ngau Ken Lock died and left a will dated 16/6/1960. In the said will the late Dato' Ngau Ken Lock appointed his wife Ee Tian (f) and his first son Ngau Boon Ming to be executors and trustees of the will. In the said will also, the late Dato' Ngau Ken Lock devised to his wife Ee Tian (f) and his 5 sons namely: Ngau Boon Ming; Ngau Boon Thai; Ngau Boon Kee; Ngau Boon Pin and Ngau Boon Kit, all his movable and immovable properties situated in the Federation of Malaya to be held by them in equal shares after payment of his funeral [Page 3] testamentary expenses. In other words, there are 6 beneficiaries to the said will, each will get 1/6 of the deceased properties, in equal shares. Both

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