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Colonial Cases

Colgan and Roggers v. Middleton and others, 1888

[succession]

Colgan and Roggers v. Middleton and others

Supreme Court for China and Japan
Mowat ACJ, 6 June 1888
Source: North China Herald, 9 June 1888

LAW REPORTS.
H.B.M.'s SUPREME COURT.
Shanghai, 6th June.
Before R. A. Mowat, Esq., Acting Chief Justice.
SUSANNAH A. COLGAN and A. E. ROGGERS v. O. MIDDLETON and others.
  This was a partition suit with respect to the division of the "Belle Vue" property amongst the children of the late Geo. Roggers.  The plaintiffs in the suit were Mrs. Susannah Amelia Colgan and Alfred Edwin Roggers, the two children of the deceased who had attained the majority; the defendants being Osborne Middleton the surviving trustee, Mrs. Charlotte Sarah Mary Allan Mansfield (an infant) and her husband Jesse John Mansfield,
  Mr. H. Wilkinson appeared for the plaintiffs.
  M. Dowdall for Mr. Middleton.
  Mr. R. E. Wainewright for the other defendants, and he also watched the interests of the Shanghai Race Club, who had made a deposit of Tls. 2,375 in respect of a full purchase of the property.
  The learned Counsel for the plaintiffs in opening the suit mentioned that the case was one arising out of the benevolent attempt of a worthy dignitary of the Church, and a distinguished officer of the Police Force, to make a will for a man, with the assistance of a printed form. That attempt had already occasioned a considerable outlay,  and now it necessitated a chancery suit.  It would not take long to hear, everything having been prepared in a way that would allow the case being disposed of very rapidly.  The facts were fully set forth in the petition.  The petition which was then read prayed that there might be a sale instead of a partition of the property, and a conditional sale of the property having taken place with the Shanghai Race Club, it was also prayed that the sale might be confirmed by the Court.
  None of the statements in the petition having been disputed, formal evidence was given as to the ages of the children, and also as to the estimated value of the property.
  His Lordship said he would make the decree in the form prayed for, all parties agreeing to that course.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School