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1961 MarsdenLR 346

THOMSON, HILL, RIGBY
RE LOH TOH MET DECD KONG LAI FONG – Appellant
Versus
LOH PENG HENG – Respondent


Advocates:
R Murugason for appellants in Civil Appeal No 23/60.
Philip Hoalim (Sr) for appellant in Civil Appeal No 24/60.
M Karthigesu for appellant in Civil Appeal No 26/60.
MB Brash for natural children in all appeals.
NA Mallal and YR Jumabhoy for respondent.

JUDGMENTBY: THOMSON CJ, HILL JA, RIGBY J

THOMSON CJ These appeals concern the distribution of the estate of one Loh Toh Met who died at Johore Bahru on 21st July, 1958.

The deceased was survived by three women with each of whom he had entered into a relationship of a connubial nature in accordance with Chinese custom which for convenience I shall call a Chinese marriage. These were Madam Kong with whom the Chinese marriage was contracted in Singapore in 1932, Madam Yong with whom the Chinese marriage was contracted in Johore in 1940 and Madam Chan with whom the Chinese marriage was contracted in Johore some time between 1953 and the death of the deceased. All of these women are parties to the present proceedings. The deceased was also survived by his father Loh Peng Heng who is also a party to the proceedings and by eleven children. Of these, six named Anthony, Philomena, Charlie, Daniel, Emmanuel and Rosa are the natural children of the deceased by Madam Yong, all born in wedlock, one by name Francis is the natural son of the deceased by Madam Chan, born in wedlock, and four by name Mary, Lucy. Annie and Bartholomew were adopted by the deceased and one or other of his wives at v

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