The legality of a foreigner holding guardianship minor was upheld in the Shanghai Provisional Court of Appes Tuesday afternoon by Judges (president), Chin and Loo, in eonné tion with an action brought by M A. Hardoon, guardian of Yang Ching-chang (a minor and adopted son of the late General Yang Shen-teh, former Tutuh of Chekiang and Commissioner of Defence for the Shanghai and Woosung Districts), against Yang Sun-sz, widow of the brother of the late Tutuh.
The facts of the case are:—During the lifetime of Gen. Yang Shen-teh and Mme. Yang, Mr. Hardoon was appointed guardian of their adopted son. Though without any legal papers in writing, executed by the late Tutuh or his wife (also de-[ceased), regarding the guar the boy was taken and under the charge of Mr.
The General and his wife another son, adopted or otherwise, who died in the 15th year of the Chinese Republic. The estates of General and Mme. Yang were left undivided between him and Mr. Hardoon's charge. Mr. Hardoon, on behalf of hig charge, filed action against Yang Sun-sz for the immediate division of the two estates.
An interlocutory judgment to decide whether or not Mr. Hardoon gould be guardian for the Chinese boy was delivered by the Shanghai Provisional Court on August 27 la The defendant, Yang Sun-sz, immediately filed an appeal against this judgment on the ground, inter that, according to Chinese law, no foreigner could be guai Chinese minor.
This was argued at length by counsel (Mr. Li Tau-yn for appellant and Messrs. Hsiang Y. Sun and Eugene Y. Kiang for Mr. Hardoon), and Mr. Sun contended had there been such a Inw, it had not yet been promulgated and, therefore, foreigners were eligible to act as guardians for Chinese minors.
The Court of Appeals supported this view and delivered judgment on Tuesday against the appellant, with costs,
Text read from the printed page and cleaned; old type leaves the occasional error.