Lee Hun Hoe CJ (Borneo):

This appeal is concerned with the construction of a will.

On 20 March 1953, Hsu Yaw Hee (deceased) made a will in Chinese. It was prepared by the secretary of the Teochew Association on the deceased's instructions and attested by two witnesses. Four days after executing the will deceased died. His main assets were a piece of land at Matang of some 9.60 acres estimated at RM11,000 and insurance money of RM5,000. His debts were stated to be RM7,522.51. Under the will deceased appointed his wife (Sung Swee Im) and his two elder brothers, the two respondents (Hsu Yaw Tang and Hsu Kwang Thai) as executors. Deceased had one son and three daughters. His son, the appellant, Hsu Yik Chai was born on 24 March 1953, the very day deceased died. His three daughters are Hsu I Ling (born on 19 April 1947), Hsu Ee Ming (born on 24 April 1949) and Hsu Ee Hung (born in 1952). After the deceased's death his widow was too poor to look after her children, so they were brought up by the two respondents. After staying for a short period with the 1st respondent the widow left and lived with a man. The Hsu family resented her behaviour and irresponsibility and subsequently