SHOULD AN ALIEN BENEFIT UNDER A WILL?

Dominion, Volume 10, Issue 3124, 30 June 1917, Page 2

SHOULD AN ALIEN BENEFIT UNDER A WILL?

INTERESTING LAW CASE IN WELLINGTON. An interesting case came before the Appeal Court yesterday, involving the question whether a Dunedin resident alleged to be an enemy alien should benefit under a will. The matter came before tho Court as an orHnntiii"summons The estate involved was that of Elizabeth Jane Kamham (deceased) the Public Trustee anpeariiijj as plaintiff ■ and John Henry Jleidemann and Hie I Attorner-Genpr.il as defendants. Mr Hay, of the Public Trust Office, appeared for tho Public 'J'rustne. Mr. Webb for Hoidemann, and Mr. Salmoad, K.C., for tho Attorney-General. According' to the affidavit filed by tho PuMic Trustee, Elizabeth .Tano Baihham died on April 13, 1916, and on February 0, 1917, an order to administer the estate was granted to tho Public Trustee., a prior application for probate by tho executor Hcidenmnn liavinp been abandoned on account of the Solicitor-General refusing to give his consent. Hoidemann was believed to bo a Prussian, aud tho Public Trustee ivas in doubt us to whether Hoidemann, one of the beneficiaries under the will was entitled to acquire land in South Dunedin valued at £500. Heidemiinn in his affidavit admitted thai: ho wns of German nationality, having been born in Prussia in 18JS. Ho came to New Zealand iff 18(i!), residing in the Dominion ever since, but did not apply for letters of .administration until September, 191<t, and they were then refused to him. Mr. Salmond asked the Court to mako a declaration that the land 'devised to Heidemann should bo held in trust by the Crown, and argued that notwithstanding that a German lost his natural rights after ten years' alisonce from his country, in English law ho remained an alien, his nnlurnl status not having been completely discharged. Judgment was reserved.