NATIVE’S WILL DISPUTE

Sun (Auckland), Volume III, Issue 781, 30 September 1929, Page 10

NATIVE’S WILL DISPUTE

RIGHTS OF BENEFICIARY QUESTIONED COURT RESERVES DECISION Press Association WELLINGTON’. Todav The Full Court, consisting or '. Hon. M. Myers. Chief Justice a hf Justices Herdman. Adams. Mser' and Ostler, engaged today ‘in wf* a case arising out of the intetW* noil of the will of Pauapa Waih a native, who died at November 24. 1916. e °& On April 17. 1917. the Native Tjl , Court, made succession orders >„ aa suance of the will 0 f deceased' November 13, 1916. concerning - M land forming a part of his estate ‘ e These succession orders were „ pared in the form which the an , cants allege confer on the beneficS-' ies absolute estates in fee simnW, , not limited estates, which the L r cants contend were vested in tk beneficiaries by ihe terms of thewnf One of the beneficiaries under .5 w ill having since died and an cation having been made for nrnk of his estate, the question ha a. to the exact interests conferred the will on the beneficiaries The case has accordingly stated with the consent of the Judge of the Native Land Count; the opinion of the Full Court, which is asked to decide briefly the’ folloti iug questions: “Did the Native Land Court mats au erroneous decision of law when making the said succession order*’ What is the extent of the interest conferred on the beneficiaries by the For the applicants, the children or Mahaki Paraone, a native of c.is borne, and -the remainder under the will, Mr. F. W. Nolan is appearinr and far the defendants Mr P pS' tedder. * uu ' The court reserved its decision