SUPREME COURT

Dominion, Volume 11, Issue 269, 2 August 1918, Page 8

SUPREME COURT

DEED OF SETTLEMENT INTERPRETATION SOUGHT A case involving some subtle legal points came before His Honour Mr. Justice Chapman in the Supreme Court yesterday by way of an originating summons issued by Itangi Kexehonia, of Hastings, a Europcanised .Native, for a declaratory order interpreting a deed of settlement made voluntarily by him in the year 1909. Mr. C. .13. Morison, K.C., with him Mr. T. W. Lewis (of Hastings), appeared for Kangi Kerelioma, Mr G. P. Hay for the Public Trustee as trustee of tho settlement. Mr. A. F. Hogg (of Oarterton) for tho Maori womiin married to Itangi Kerehonm by Native custom, and Mr. T. Neave for Kcrehoma's present lawful wife. The settlement was entered into justafter the settlor attained the age of 21 years, and affected a sum of .£25,000. At that time Kerehoma was married according to Maori custom to a Maori woman, from whom, however, he separated voluntarily soon after the settlement was mads. Tie subsequently legally married Paretnhi Kerehoma, and there is one child tho issue of the marriage. The Maori woman to whom li'erclioma was married by Maori custom also subsequently contracted a logal marriage wilh another person. Tho settlement provides Ihat from and after the death of Kerehoma his wife is to receive the income of the trust fund during her lifetime. The inist fund, after tho >leath of Kerehonui and his wife, ie to be disposed of as Kerehoma by will appoints, and in default of appointment, then to his children who attain 21, and in default of children and their issue, then to Korehonia's next-of-kin under Hie statute of distributions The settlement then goes on to direct that Kerohoina's then present wife (that is the ono married to him by Jlaori custom) and hie issue by hw nhiill bn considered in all rrsppcts to be his lawful wife nml lawful issue." Tho point, before the Court was no lo win , ; right* (if any) under the settlement were possessed by Iho Mnori woman to whom Kerehoma was married by Native custom, having regard to the express direction in the eetllemeut Unit she was for the purposes of the settlement lo bu deemed the la.vful wife of Ihe settlor. Aflw hearing argument ITis Honour reserved his decision.