Gordon-Smith J:

In this Petition for Letters of Administration against which the defendant had entered a caveat, an issue was ordered to be tried between the petitioner and caveator in the following terms "whether the petitioner Tan Soo Eng is or is not the lawful widow of Abraham Penhas and if the answer is in the affirmative when the said Tan Soo Eng married the said Abraham Penhas." It is a brief and easy question to ask but difficult to answer in view of the facts and circumstances of the case in relation to the law and it is therefore necessary in the first instance to find what are the definite facts.

Briefly, the plaintiff alleges that she married Abraham Penhas the deceased on or about 25 December 1937 and subsequently bore him two children.Shortly after the occupation of Singapore by the Japanese in February 1942 the deceased appears to have been liquidated by the Japanese.

By her petition she asks for Letters of Administration to the estate of the deceased as his lawful widow. A caveat was entered by the defendant who is a younger brother of the deceased.

Evidence de bene esse on behalf of the defendant, of Wing Commander Rev SM Block, the senior Jewish Chaplain to the Armed Forces in the Far East was recorded in October 1947. I will refer to this evidence later together with the other evidence for the defendant.

The evidence for the plaintiff in the main is uncontradicted and cannot be contradicted by the defence because it is alleged that the deceased's family had no knowledge whatsoever of the plaintiff or of her ever having been married to the deceased.The evidence for the plaintiff consists of her own evidence, that of her mother, Sing Peng Neo, Koh Chay Bo Poh, Ng Ah Kia and other witnesses.The story told by the plaintiff and her mother is that in September 1937 an introduction was effected between the deceased and themselves with a view to marriage and this marriage was discussed at a meeting in the Botanical Gardens between them, when there were present the go-between, the plaintiff, her mother, and the deceased.Apparently satisfactory arrangements were made at this meeting and the deceased gave the plaintiff an envelope containing $500 suggesting that she and her mother looked out for a house as being more suitable than where they were living at that moment, which was on a second floor over some business premises.Shortly afterwards the plaintiff and her mother found a suitable house at 508, Sims Avenue, and removed there.The deceased came and visited them there and they got better acquainted and an early marriage was suggested.The plaintiff suggested a marriage ceremony but the deceased said that this was not possible in the Jewish Synagogue and on her suggesting a marriage according to Chinese rites and on being supplied with details, the deceased agreed. A day was appointed and a ceremony took place just before Christmas 1937.Both the plaintiff and her mother and another guest who were present have described this ceremony in detail.The deceased had already given the mother $500 for the expenses of the wedding and wedding feast.On the appointed day the deceased arrived with two Jewish friends and an old Chinese gentleman.The ceremony consisted of the bride and bridegroom (the plaintiff and the deceased) standing before the old Chinese gentleman who made some sort of speech referring to the auspicious occasion and then formally asked them separately whether they were willing to become man and wife and they both responded in the affirmative.During this procedure the plaintiff was holding joss-sticks bowing and worshipping.The deceased produced a handkerchief with which he covered his head, raised his right hand and was murmuring something in his own language.After this ceremony the happy couple then paid their respects to and offered the mother a cup of sweet tea in accordance with the Chinese custom.The two Jewish friends shook hands with the bride and kissed her.Following on this ceremony the usual