JUDGMENTBY: MATHEW, CJ, SIR CHARLES MURRAY-AYNSLEY, CJ (S), PRETHEROE, J

MATHEW, CJ This case concerns the construction of a portion of clause 13 of a Chinese testators will. The relevant part reads:--

" ... if he shall not leave any male issue but shall leave a lawful

widow and female issue his share shall go to such lawful widow and

female issue equally if more than one provided such lawful widow shall

remain the widow of such deceased son or nephew and lead a chaste life."

The learned trial judge held that as there was no gift over, the condition in partial restraint of marriage was in terrorem and void.

The law on this subject is extremely difficult. In In re Whitings Settlement (1905) 1 Ch 96 at 115, Vaughan Williams, L.J., said:--

"This branch of the law is one with which it is not very satisfactory

to deal, and I cannot say that I think the mode in which it has been

dealt with is very easy to weld into one consistent whole. We are told

that the law on this point has been partially imported into our system

of law from the Roman Law, and that this was done through the

Ecclesiastical Courts. And then we are told tha

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