MAORI WILL CASE.

Auckland Star, Volume XXII, Issue 282, 27 November 1891, Page 3

MAORI WILL CASE.

Legal questions of some importance were submitted to Mr Justice Conolly, at the Supreme Court, this morning. In the matter of the Native Land Court Act, 1886, and of the succession of Pea te VVha in the Mangapao block, a case was sbaied for argument in Banco from the Native Land Court. There was a will signed by a Maori in favour of a European, William McCartney, for whom Mr Carrubh, of Whano-arei, appeared. The questions stated for His Honor's decision were : (1) Is this will signed by a Maori in favour of a European, not related to him by blood or marriage, and written iv a language foreign' to the testator, and witbouo any translation into the Maori language, buo orally explained to the testator by a licensed interpreter, before signature, a , valid will as against the next of kin of the testator ? (2) would this will, even if written in Maori and duly signed and acknowledged by the testator, be valid in favour of a European not; related to him, and disinheriting the next; of kin of the deceaeed ? (3) under this will would the devisee (McCartney) take an interest held by_ the testator, as successor to a deceased coowner, as well as the interest held by him under the deed of conveyance ? His Honor said he did not think he was called upon to answer the second question, as it did not arise iri this case. He was also under the impression that there was a defect in the will, in that it did nob bear i\ translation upon the fade of it, and after Mr Carruth had argued theoo points His Honor stated that be would reserve ins i decision.