Terrell J:

The Plaintiff alleges that she was a secondary wife of one Lee Pang Seng and as such is entitled to share with the 5th Defendant, who was Lee Pang Seng's principal wife, in an n annuity of $300 per month provided under clause 18 of the will and clause 10 of the codicil to the will of Lee Choon Guan deceased. The first four Defendants are the Trustees of such will.

Clause 18 of the will directs the annuity to be paid to the widow of "my son or remoter male issue dying before the distribution of my residuary trust estate" and Mr. Page on behalf of the Trustees argued that "the widow of my son" is a description of a persona design at a and can only refer to the principal wife, the 5th Defendant. I am unable to accept this argument, which was not supported by Counsel for the 5th defendant, for the following reasons:

First, in clause 13 of the codicil the Testator declared that the word "widow" in clause 26 of the will only meant a widow who had been married with the full ceremonies of a first wife. If the Testator had meant that definition to apply to the use of the word "widow" in clause 18 of the will he could have said so, and in the absence of such definition