12 Dec 1970
CHENG CHUNG PONG AND ANOTHER v. WONG CHING AND OTHERS
- Citation
- CHENG CHUNG PONG AND ANOTHER v. WONG CHING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP53/1970
Clause 11(n) must be construed, in the context of the will and the testator's evident intention to dispose of his estate under English law, as creating a special power of appointment in favour of a restricted class (male child surnamed Cheng of the Hakka clan under age five) exercisable by the widow and, failing her, by the trustees; the trustees are under a duty to exercise that power and cannot release it; consequently the clause is valid and may be exercised; surplus income accrued since the 21st anniversary is treated as intestate until such adoption is effected.