Vincent Ng Kim Khoay J:

This was an ex parte application by the applicant for an order that a piece of land held under Suratan Hakmilik Sementara H.S. (D) 1500 for Lot No. PT 003769 in Mukim 9, Daerah Seberang Perai Selatan, Negeri Pulau Pinang (the said land) be vested according to the shares and in favour of the beneficiaries named in the will of the deceased named Teoh Cheow Choon.

The affidavit of the applicant dated 12 April 1994 (Encl. 1) filed on 13 April 1994 in support of the Saman Pemula (Encl. 2) states as follows:

1. The applicant was the executrix and trustee for the estate of Teoh Cheow Choon (the deceased).

2. The said deceased died on 31 December 1976 and the Grant of Probate had been issued by the Penang High Court vide Probate No. 365 of 1977.

3. The said deceased died, possessed of and entitled to the whole of the undivided share of the said land.

4. Pursuant to paragraph 4 of the Last Will and Testament of the deceased dated 3 December 1976, the deceased had bequeathed the said land to the following names:

(i) Khor Hong Luang (I/C No. 2557589) Deceased's wife ... 2/11 shares.

(ii) Teoh Chin Seng (I/C No. 2557510) Deceased's son ... 2/11 shares.