Cussen J:

Mervyn Farr for the applicant.The will took effect as from the date of the death of deceased, which was 29 January 1929.

On 29 January 1929, the Perak Order in Council was in full force and effect, and Chinese law and custom was recognised in the FMS (vide Recognition of Chinese Laws Order in Council No. 23/1893 Voules Vol. 1 p. 610).

This Order was repeated by Enactment No. 12/1929, known as The Distribution Enactment 1929, in August 1929.

Under the terms of the Perak Order-in-Council adoption is recognised, and adopted sons are entitled to the same legal rights as legitimate sons.And no man may will away his property from his sons.The property must be divided to a share in the property other than for maintenance and dowry.

On an intestacy in this case therefore, the devolution of any property is not governed by the Distribution Enactment 1929 No. 12/1929, incorporating the English Law on the subject, and should devolve on the two sons.

As to the gift being void for Superstitious purpose, although I relied on a Judgment of Mr. Terrell J, in Singapore Suit No. 699/1925, Low Cheng Soon & Ors. v. Low Chin Piow & Anor. 1 MLJ 15 which quoted no authorities for this