MAORI DEED OF SETTLEMENT

Dominion, Volume 11, Issue 273, 7 August 1918, Page 6

MAORI DEED OF SETTLEMENT

JUDGMENT IN THE KEREHOMA CASE. In the Supremo Court yeeterday His Honour Mr. Justice Chapman delivered reserved judgment in an originating summons in the case of Rang! Kerehoma v. the Public Trustee, in which Kerehoma asked for a, declaratory order interpret, ing a deed of settlement made voluntarily by him in the year 10011. Tho settle ment' was" entered into just lifter the settlor attained the age of 21 years, and affected a sum of .£25,000. At that time Karohoma was married according to Native custom to a Maori woman named Penerope, from whom, however, he separated voluntarily soon after the settlement was made. He subss.iuently mar. rind Paretahi Kerehoma, and there is one , child, the issue of the marriage. Hid Maori woman Penerope, to whom Kerohoina was married according to Maori custom, subsequently contracted a legal marriage with another per.sou. lhe settlement provided that from and alter the death of Kerehoma his wife is_to receive tho income of the t.nisl: during her lifetime Tho trust fund, after the death of Kerehoma. and his wife is to Isc disposed of as' Kerehoma by ml 1 appoints, and, in default of anpointme:il. then to his children who attain 21, onu in default of children and their issue, then to Kerehomii's next-of-kin under the statute of distribution. The settlement then goes on to direot Hiat Iveienoma's then present wife (that is the ono he married according to Maori custom) and his issue by her shall be considered in all respects to be his lawful wito and lawful issue. The point His Honour had to decide was as to what, rights, if any, under the settlement were possessed by Penerope,'having regard to tho express direction in tho setllcmeni that she whs for the purposes of tho settlement to be deemed tho lawful wife of tho settlor. In a lengthy judgment, and aftor quot. ing numerous cases on the points involved, His Honour said: "I have como to tho conclusion that the settlor here intended to provide for his widow nt a date when it was impossible, s.s it still is" impossible, to foresee who would be his widow if he should happen to leave one, and if he were to die in then existing circumstances Peneropo would be considered his widow, but with tho reservation (hat in the present ciraiinstances she would not take a.nv interest under the settlement. On the other hand, it is clear that his present wife under existing circumstances would be hid widow, and the person to take under it. The costs of all parties as betwee.i solicitor and client will bo paid by (lie trustees out of the income of the settled fund." Judgment was giveii accordingly. At the hearing Mir. C. 13. Morison, ICC. with him Mr. T. W. Lewis (oi Hastings), appeared for Ti;i"?i l\"»i"<homa, Mr. E. P. Hay for the Public Trustee, as trustee of the set dement, Mr. A. I\ HoKg (of Carterton) for Peneropc, and Mr. T. Neave fw J'arefcahi.