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1995 MarsdenLR 774

HIGH COURT MALAYA PENANG
YAP KEE PAR – Appellant
Versus
MOLLY YAP & ORS. – Respondent


JUDGMENT

Vincent Ng Kim Khoay J:

The deceased Yap Kuan Keat died on 4 March 1993 leaving behind his second wife Leong Lian Ho and four children namely Yap Kee Par, Molly Yap, Nancy Yap and Alan Yap Kie Leng. Madam Leong Lian Ho (Madam Leong) was the step-mother of the four children.

The petitioner who is one of the deceased's sons has applied for letters of administration of the estate of the deceased to be granted to him. He has cited the other beneficiaries (parties cited) who have resisted his application.

The parties cited have not given any valid reasons as to why the petitioner should not be granted letters of administration except to say that there is only a sum of RM833.79 remaining in the deceased's estate. The petitioner has at all times alleged that this is untrue as the deceased had substantial cash and immovable assets both in Malaysia and overseas prior to his death. He had deposed in para. 11 of his supporting affidavit that: "I verily believe that there is a conspiracy among Molly, Alan, Nancy and Madam Leong to prevent a suitable person from properly administering the Estate and to query the sudden loss of substantial funds. It is also almost impossible to believe that

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