NATIVE APPELLATE COURT.

Taranaki Daily News, 26 August 1916, Page 3

NATIVE APPELLATE COURT.

TUTU TE HIHI'S WILL An interesting Native will rase was' heard before the Native Appellate Court, consisting of Chief Judge Palmer and Judge Ra\rson, at New Plymouth on August 11. This concerned the will of Tutu te Hihi, who was found dead in a nude state on the beach, near Kahotu, in June of las* year. The decision of the Court was reserved, and it has now been delivered as follows: In the Native Land Court probate was opposed on the ground of absenc* of testamentary capacity, but after hearing the evidence that Court decided to admit the will of probate. On the ' appeal coming before us, Mr. O'Dea strongly argued that the medical testimony showed that the testator had suffered from general paralysis of the insane and that if that were so there could have been no lucid interval from the time Tutu left the Asylum unctired, during which he could have been in such a mental condition as to have made a valid will. But the testimony of Dr. Blackley, who examined Tutu before he was committed to the Asylum, who had linown him for some years previously, and who had a conversation with him ; after his return from the Asylum. : arouses doubt as to whether the deeeas- ' cd was, in fact, suffering from general paralysis of the insane. Other evidence is entirely opposed to the theory that the deceased had been suffering from a , mental disease of steadily progressive nature and the testimony of the witnesses who were present at the execution of the will seems to us to establish beyond all reasonable doubt tha u this' document was executed by Tutu when in a condition to clearly understand the effect of his actions, to remember and consider the extent of his property and the claims on his bounty. In short the Court is convinced that the I document before it is the will of a competent testator. The decision of the Native Laud Court is affirmed. As to the deposit £lO is allowed Mr. J. E. Wilson, solicitor, as respondent's costs. The balance to be returned to the depositor. '