22 Oct 1992
HONGKONG BANK TRUSTEE LTD. AND OTHERS v. LEE YEE HUNG AND OTHERS
- Citation
- HONGKONG BANK TRUSTEE LTD. AND OTHERS v. LEE YEE HUNG AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV80/1991
The Court of Appeal allowed the appeal and held that clause 7(b) must be construed so that the nephew and (after his death) his issue form part of the group entitled to accretion under the proviso. The proviso and sub‑paragraph (x) can be reconciled: on the death of a life tenant during the lifetime of the nephew the deceased's income share passes to surviving life tenants and the nephew in equal shares; if the death occurs after the nephew's death the share passes to surviving life tenants and the nephew's issue (the issue taking as a class equally per stirpes one share). Individual members…