NATIVE LAND COURT

Taranaki Daily News, Volume LIII, Issue 257, 9 March 1911, Page 8

NATIVE LAND COURT

RIGHTS OF AN ADOPTED CHILD. We have been furnished with a copy of the following interesting judgment with respect to the rights of an adopted child to succeed to the intestate estate of a collateral branch of the adopting parents' family. The judgment was delivered on Monday by Judge Wilson in the Native Land Court at New Plymouth. "This is a claim by Hinemate Paratene for a succession order in favor of the nearest of kin of Perere Kikorima, deceased, in the estate and interest of the latter in the Matarikoriko block. The deceased died intestate and without issue; nnd his nearest of kin are shown to be the children of his brothers Hoera and Paratene. The latter left six children and the former had only one child, namely, Teieti Hoera, who died without leaving any issue. "The applicant, a daughter of Paratene, thereupon applied for an order in favor of herself and her brothers and sisters, but objections were raised by Mr. Damon on behalf of Rori Watene, a dulj registered 'taniati whangai' of Teieti Hoera, for whom an interest in the estate of the deceased was claimed. "It was urged by Mr. Walker on behalf of Hinemate Paratene, that the court should grant a succession order in favor of her family on the ground that Rori Watene was already entitled to very considerable interests in other blocks of land, and that he was otherwise well provided for. ''However much we may sympathise with persons in indigent circumstances, we cannot accept so specious an argument as a reason for granting an order in favor of the applicant's party. The Native Land Courts have laid down a rule that an adopted child does not succeed to the estate of any collaterals of the adopting parent unless such estate has been reduced to the possession of the adopting parent before his death. This rule is made in accordance with Native customs, and is consistent with the law of New Zealand in cases where Native customs do not apply. Section 108 of 'The Native Land Act,' 1900,' provides that an order of adoption under that Act shall for all purposes have the same force and effect as an order of adoption lawfully made under 'The In-

fants Act, 1008,' and section 21 of the last mentioned Act, enacts that 'an adopted child shall for all purposes, civil and criminal, and as regards all legal and equitable liabilities, rights, benefits, privileges, and consequences of the niuiral relations of parent and child, be deemed in law to be the child born iu lawful wedlock of the adopting parents; provided that such child shall not by such adoption be entitled to take property from the lineal or collateral kindred of such parent by right of representation.' "As Teieti Hoera was not at the time of his death in legal possession of the estate of the deceased, the court dismisses the claim on behalf of Rori Watene, and hereby makes an order in favor of: (1) Te Meiha Paratene (male), (2) Hoera Paratene (male), (.1) Hinemate Paratene (female). (4) Rauneka Paratene (male), (5) Tetihi Paratene (female), and (fi) Pereniki Paratene (female), in equal shares."