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nnd it was to bo divided among the latter’s dcsoondanta; but Ali, the son of
Jabor, having disposed of his shnro to Daij, liis collateral, whoso descendants
Mubarak now represented, and Ali's mother, the wife of Jaber, having
been divorced and hor three daughters forfeiting thereby all claim to inheri­
tance, the portion of the estate accruing to Mubarak and tho persons he repre­
sented was considerably largor than tho opposite side was prepared to admit.
According to the Sheikh’s somewhat complicated computation, as given mo by
his lawyer, Fao was divided into 45 hoz (a local land measure) ; 12 belonged
to Daij, deceased, whom Mubarak represents; 2 are divided into equal shares
between Mubarak and tho children of his brother Mahomed, deceased ; 12 are
divided among all the descendants of their grandfather and great grandfather
Jaber, in ratios of two-fifths to the children of Mahomed and Jarrah, deceased,
and three-fifths to Mubarak aud the persons he represents; and of the remain­
ing 19, one-fifth falls to the children of Mohamed and Jarrah, deceased, and
four-fifths to Mubarak The Sofieh property, according to the Sheikh’s
contention, belonged to his father Sabah, aud was to bo appropriated in ratios
of two-fifths to the heirs of Mahomed and Jarrah and three-fifths to himself
and tho persons ho represents. Reduced to ordinals of 100, Mubarak claimed
that, of Jabar’s property his side are entitled to a°d the other side ; and
of Sabah’s property, Jgy belong to his side and J J«j to the other.
212. The contention of tho nephews and their party was briefly, that both
Fao and Sofieh belonged to Jaber, and were inherited by his three sons, Ali Daij
and Sabah, and their descendants in equal shares, and they claim, accordingly,
of both these properties; that. Ali’s mother, the wife of Jaber, had been
never divorced, and that her three daughters and their descendants are entitled
to her inheritance; that the sons of Mahomed Sabah inherit from Ali Jaber in
right of their mother, one of tho Ali’s daughters; that tho children of Jarrah
also inherit from Ali, in right of their mother, another of Ali’s daughters;
that tho descendants of Mahomed and Jarrah had no share in Daij’s inheritance;
that Ali Jaber had not disposed of his share to Daij, and that the portion
appropriated to tho latter was therefore not as large n9 Mubarak assorted; that
the children of Mahomed and Jarrah inherited from Sabah’s share, in right of
their respective fathers, Sabah’s sons.
213. In January 1902, the Sheikh of Koweit received a notice dated 24th
Enclosure 2 to Froccodiag css of Secret E-, March December fiooi the Kazi of the Didayet
isos, Nos. 653—013. (Civil) Court of Basrah to the elt'ect that
Yusuf Diaf Effendi, attorney of tho sous of the late Sheikh of Koweit, Mahomed,
had filed a suit against him (Sheikh Mubarak) in connection with the family
estates and that ho should appear in person or by attorney.
214. This move the Sheikh believed was tho result of tho intrigues of his
enemies at Basrah. Mr. Wratislaw thought that the Turkish authorities
intended to- uso the* claims of tho Sheikh’s nephew as a means of exerting
pressure on him. Unfortunately his position in this respect was very vulnerable,
as tho estate in dispute was very valuable and was situated entirely within the
jurisdiction of Turkish Courts.
215. The Chief of Koweit refused to submit to the jurisdiction of the courts
and apparently wished that a court of arbit­
Enclosure No. 1 to Fro. No. 655.
ration of some respectable men of Basrah
should be jointly nominated. Hamdi Pasha and Mohsin had written to the
Sheikh on the subject but no agreement could be arrived at between the opposing
parties as to the arbitrators.
216. To tho summons of the Kazi of Basrah, dated 24th December 1901,
Sheikh Mubarak replied that the Govern­
Endcsuro No. 3 to Pro. No. 656.
ment of the Vilayet had made communi­
cations to him to which he had duly replied, and that he ought properly to
receive orders from the Vilayet.
217. Tho Sheikh having failed to bo present in Court, personally or by
attorney, tho judgmont of tho Court went by default against him and he was
directed to hand over to his nephews the estato at Kutizoin between Basrah and
Fao.