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1991 MarsdenLR 368

HIGH COURT SINGAPORE
TAN KAY THYE & ORS – Appellant
Versus
COMMISSIONER OF STAMP DUTIES – Respondent


JUDGMENT

Chan Sekkeong J:

[1] This is a case stated under s 40 of the Stamp Duties Act (Cap 312, 1985 Ed) ('the Act') in relation to an indenture of assent dated 25 February 1983 ('the indenture') made between the following parties: (1) TGM and CSCC as administrators of the estate of TCB, (2) CSCC, (3) CTGC, (4) STGS and (5) TK Thye, TK Tong, TK Tuan,. TGG, TGH, TGM, TGK. The indenture recited as follows:

(a) TCB died in Singapore on 1 March 1964 intestate leaving surviving him his first widow, Yap Suat Tee (YST) and seven children by her viz the persons constituting the fifth party to the indenture, and his second widow, CSCC, and three daughters by her, CTGC, GTGL and STGS;

(b) letters of administration were granted to TKT, TGM and CSCC on 30 July 1969;

(c) YST died on 25 October 1967 intestate leaving surviving her seven children;

(d) GTGL died on 28 October 1969 intestate a spinster survived by her mother, CSCC, who became entitled to the whole of her estate;

(e) in the events that had happened, all the parties to the indenture became entitled to the residuary estate of TCB;

(f) all debts and testamentary expenses of the estate having been paid, the time had come for the winding up of

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