NEAREST OF KIN.

Dunstan Times, Issue 723, 25 February 1876, Page 3

NEAREST OF KIN.

A farmer named William Whitaker has succeeded after years of litigation, in proving his title to inherit au estate worth 1.20,000, in South Australia. Tho facts of the case, as reported by tho Register, are peculiar and interesting. A convict, named James Whitaker, was sent out to Now South Wales many years ago for life. Ho was let out as an assigned servant to a Mr Tarlington, in favor of whoso son he subso quently made an informal will. After eight years he obtained a conditional pardon, and came to South Australia. lie acquired considerable property, principally in Kapunda, which now yields an income of £BOO a-year. He was drowned at the wreck of the steamer Admella in 1859. As he died intestate, his property passed into the charge of the Curator of Intestate Estates, but the personalty was distributed among his relations of the half-blood. To find an heir for the realty, recourse was had to the family of tho brother of the deceased’s father, and in 1864 William Whitaker put in a claim as heir-at-law, in virtue of being the second cousin of the intestate Early in life he had emigrated to America, and became a naturalised citizen of the United States. Hearing he had a claim to the property in question, he realised his farm and property at considerable sacrifice, and came to Adelaide. During the past eleven years inquiries had failed to produce any other|ckimant. The case washeard recently beforethe South Australian Local Court of Appeals, whiohjeonsisted of his Excellency Sir A. Musgrave, Sir R. D. Hanson, Chief Justice, and several members of ’the Government. The defendantjto the suit was, of course, the Curator of Intestate Estates. A witness named Cossins, who claimed to have been manager for the deceased in 1853, stated that he had heard James Whitaker say that he was married three times—first in London, then at the Cape of Good Hope, and lastly in Sydney ; and that behind several children in Sydney, and a grown up son at the Cape, The Court decided to hand over the estate to William Whitaker on his giving security for L 5,000, and undertaking to hand over the estate and accumulated property if a better title than his own is proved.