SUPREME COURT.

Dominion, Volume 7, Issue 1905, 13 November 1913, Page 11

SUPREME COURT.

THE ESTATE OF IVIEBOPA TIMA. A legal question of considerable difficulty and interest was heard yesterday hy His Honour Mr, Justice Chapman in the Supremo Court, this being in tho matter of tho estate of Moropa Tama (an aboriginal Native formerly of Manakau), between It-opata, Raaapiri, halfcasto, of Jfanakau, and Akuhata Ranapiri, aborigiiial Natiru, of tho same place, plaintiffs, and tho Public Trustee, defendant. Tho plaintiffs, who uero represented by Mr. C. B. Troadwejl, asked tho Court to determino iu their favour, tho following rjuestions:— That notwithstanding that the section, of land was sold and disposed of hy the said Ropata lianapiri, aetang as trustoo for the said Morojia fima. a person of nnsound mind, yot tho proceeds of tho sale thereof . aro of the nature of reality and pass to the plaintiffs under tho provisions of the will of tho said Meropa Tima disposing of her said real estate. Whether, if iti be hold that tho said salo had tho effect of changing tho nature of the said parcel of land into personalty, the proceeds of tho said -sale do not pass to tho said ■Ropata Ranapiri, as executor of the will of tho said Meropa Tiriia, for Ilia own benefit?

Mr. Treadwoll, in opening, said that the case presented questions of considerable legal interest and diifedty. lhe object of tho sale of the land was to provide a fund for- the maintenance of Meropa Tinin, and ■ that would have been a purchaso for which the sale of the property of a lunatic. would have been, authorised by tho Court. Mr. Macdonald submitted that under Section 424 of the Native Lazul Act if a deceased died intestate as to this fund it was impressed with the quality of reality and passed to the successors. Tho Lunacy Regulations Act of 1853, 'which was continued in tho Lunacy Act of 1890, provided for certain classes of lunatics' estates on conversion to bo held 'as if unconverted. He cited eases to show that in cases iyhere tho statute did not Elpply 'ademption'operated, and tho statute was not, as suggested by Mr. Treadwell, the enunciation of common law practice, but created new law. After a lengthy hearing, in which many legal arguments were cited on both sides, Hiß Honour intimated that he would take time to consider judgment. v

CONSENT ORDER. His Honour Mr. Justice Chapman, on tho application of Mr. Ton Haast, granted a consent order under the I'amily Protection Act in the estate of Mrs. Jamima Cargill, eseciiter of Ajartin Cargill, of Petono. Mr. G. W. Macdonald, on behalf of the Public Trustee, agreeing, subject to leave being granted to all parties to apply for the order to bo varied should fresh circumstances arise. The family, in addition to the widow, consisted of Jatnes (31), William (29), Martin (27), Robert (26), Mai? (25), Jamima (23), and two younger children living with the widow, along with two of tho elder ones, who paid her 15s. and 10s weekly respectively. The estate produced a net income of £76, there being an overdue mortgage on it of £2500 at 6 per cent, Mr. Macdonald remarked that the Court had ordered the Public Trustee to represent the'children,, and. in reply to his letters to each of them one son called on behalf of the others and eo)isented to .the order , for the- widow to receive the whole income'af the estate during her widowhood. He asked them to attend and sign, bitt they had not bothered. The widow's separate property, produced about £18 a year, the order was that the widow should have. tho whole of the net income and live in the testator's house rent free.