NATIVE LAND COURT.

Taranaki Daily News, Volume LII, Issue 23, 20 February 1909, Page 6

NATIVE LAND COURT.

In the -Native Lund Court, sitting at New IMvmoutli on Thursday, judgment was given by Mr. .Judge Johnson, wiih whom Mr. Wircmu Ngauaki sat as as* lessor, in a case in which Kehu Moepuko applied to succeed to the personality of Te i\eo, a devisee ill the will .of Taiuati Wircmu te Wera. The sum involved was .C 175, made lip of Cl5O in cash and a share, stated at X 25, in the proceeds of sale of lot 12, Te Aro Pa lleserve, Wellington. Mr. Hutehen appeared for applicant, and Mr. J. G. Stevens for the executors of the will of •Tivmati Wircmu te Wera.

Counsel for the executors stated that the question for tlie Court to decide was whether or not Te Iteo predeceased the testator. If he did, the bequests would lapse and would form part of the residue of the testator's' estate.

J.'or tile npplieant Jlr. Ilutehen eonleiiili'il Hint tlic- 1 jurisdiction of tho Court wns limited to tin. 1 aseei-tiiiiiniiint of tlu' rightful successors ot I r H''o. aild tllitt, it lv.nl lio jlllisilu-IuMI to K° into tin- question ns to whether 1 1"' bequests had lapsed or not. lie quoted ;i Court of A|i|ii':il (li'i-ision in support of his contention. Tin- Court wus of opinion Unit it oujilit not to make n *ui-cession older in'ri-Ajift-t. of either ri'siltv or personalty until it had Wn wlWlwl tlial tl«e «loeeased ilicil possessed of an estate, nnii it. did not consider that its juiisdicl 1011 to make such imiuiry as might In- liecessary to determine that point was in a'/i\ way limited by lh c Court ol Appeal decision quoted. The wordinp; ol the order form re personalty—'" Whereas the said aboi-ijrinal Native died intestate possessed of personal estate in New Zealand"— showed clearly that the ascertainment of the aetual possession of property by the deceased was a condition m'eccdent to the making of the order appointing successors. Althimfjb the date of To lien's death bad not been absolutely fixed, the Court was of opinion that V * predeceased Te W«ra. . neb lii-iii" the ease the Court held that be 'did not possess any personal estate at the time of bis death, anil declined to make, an order successor, to him. The applicat.ii® ,-as therefore iliamissed. • Xn costs were, allowed, the touu markiiiL' that the executors nii K bt apply to the Supreme Court for reimbursement of their costs out of the estate it they tUml ,,ht tit. Tliey must amuse matIns with their witnesses. An order was made that the applicant pay te ■Uvhitu, a witness brought from Wellington but not called to }>>« evidence. Clf for expenses.