Henderson, deceased.
MOTION mnovearT BY 34RS.
Coan: Mr. A. H. Seddon suied. to" applicant forthwith Shanghai, Nov. 27. An order for jolters of sciministration to be Issued forthwith to Mrs, E.G, Henderson with the will of the jate Mr, Alexander Henderson annexed was made in a written judg: ment delivered by Acting Judge P. Grant Jones in H, M, Supreme Court yesterday on a motion brought by Mr. A, E, Seddon on behalf of the widow, The late Mr, Henderson, principal of the firm of Alex, Henderson and Ca., importers and exporters. of the Hongkong Bank Building died on October 19, last. Owing to the departure years ago of his executor Me, 4. F, Acheson, it was disclosed at the learing of the motion that his busi-nese affairs were al a standstill after hhis death, tore being no one in authority to carry. on, This was described by His Lordship as a deplor-fable state of affairs and counsel also deplored the "reluctance of testators change their wills afler the depar-of the testators they had! named.
ext of the Judgment follows:
iis is a_motion to appoint Eu: phemie Grace Henderson, the widow and universal tegatee under the will of Alexander Henderson deceased, oF Some other iit and proper person administrator ad colligendun bone of the estate of the deceased and make stich further urd other order 5 may be just, "There Is on file a petition dated the Gti day of NovemSor 1940. setting forth toat the petitioner is the law= widow of the testator, who died the 19th October last Leaving a wilt dated the 11th September 192% whereof he appointed sfohn Francis Acheson executor, that the executor had renounced all right and title the: probate and execution of the wil, and praying that letters of administration with the will annexed might be granted to her, In support of the petition an affidavit was sworn by the legal practitioner for the petitioner on the 7th November that the deceased had bequeathed to the petitioner all his estate of every kind and had appointed John Francis Acheson to be his executor, that the executor had long since left China and was residing in England, that part of the estate consisted of a business carried on ty, the deceased ax sole Broprictor under the sume of Alex nil since the person with authority te carry 1 on, eponent had on the shed a telegram phenson, Harwood &: Tatham of No. 16 Old Broad Street, Lundon, to which the reply received was "Achevon ounced Stephenson," True copies of Neth telegrams were annexed to thas aMdnvit, There is before me an affidavit by the widow that she is the universal Yecater under the will: that the sole the wills deceased was the sole owner of an import and export business, with the exception of the woollens department in which his compradore was a bart-riner, under ghe style of Alex tender son & Company she is desirous of sell this business us soon 13 Possible which should realize a good rice if its sale be not unduly delays ed. Hones this application to the Court to appoint her administratrix with power to sell the business and For. the purpose only of promoting, snuck sate, to carry it on in the mea somewhat shins terms by Cyril. Wentworth Porte,, a chartered accountant who is assisting the widow in her altairs, is also be= fore me. He has scrutinized a balance sheet and accounts of the business prepared by Messrs, Lowe, Bingham Matthews gs to its stite at the date fof the death ut the deceased, and was satisfied of the total value of the estate after deduction of all businer< and personal indebtedness; he had received offers for the business a8 ing concern, but he feared deprecia fon of the goodwill and.withdrawat of ofers to purchase it if representa tion were not obtained without await receipt and filing of the renuneis m by the executor.
\dministration ad colligendum bona may be made where the persons entitled to the grant, cither ex testa monte or ab intestate, are abroad, oF re unknown. or refuse to come forand accept tse selministra where the delay that must
Text read from the printed page and cleaned; old type leaves the occasional error.