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NATIVE APPELLATE COURT., Auckland Star, Volume XL, Issue 93, 20 April 1909
NATIVE APPELLATE COURT.
j AUCKLAND SESSIONS. A sitting of the Native Appellate Court was opened this morning before I Judges Seth-Smith and McCormick. ! There are 26 cases on the schedule for hearing, no less than eleven of these , affecting divisions of the To AUau Block. A DISPUTED WILL. APPEAL FOR SUCCESSION. The first case proceeded with was an appeal by Nganeko Rangi Makehu with respect to lot 167, Pepepe Block, the decision regarding which the appeal was made being one datod May 11, 1908, appointing successors to "Wihona Toetoe, i deceased. Hiri Wetere. the husband of the appellant, appeared in support of the claim, and Roka Hopere (Mrs. Aubrey) on behalf of the respondents. The appellant-? claim was based on tlnee clauses. She asserted that she was the sister of the deceased, and had supported her brother. A will had been drawn up secretly by the deceased's daughter, and wit hthe assistance of another Maori. This had been drawn up for signature. He had (the applicant at Taupiri and taken to the deceased stated) told his daughter that be would sign it if she would stay with him, but, after this had been agreed to and the matter fixed up, she had gone away. On the request of certain persons, the deceased wa6 brought to live amongst the appellant's people, and on his arrival he requested that hia daughter should be sent for in order that he might see her. She refused to come, and declined a second time when the appellant's husband asked her again. The will had subsequently been delivered up to appellant's husband, and destroyed by deceased, on whose request a new will bad then been drawn up and signed by him on June 20, 1005. The deceased passed away on August 1. Amongst the applii cations for succession, one was sent in by the appellant and' another on behalf of the daughters. The former had atj tended the Native Land Court at Mer--1 cer. but the others did not, and the case was adjourned, as she (Nganeko) did not wish it to be thought that she was conducting matters secretly. The case had afterwards been settled in 'her absence. A document, produced in support of the case, set forth that it was the last will and testament of the deceased Toetoe, and by it he set aeide all former wills and all he make in the future. It was also (the testator continued) to take precedence "of all other wills which it might be alleged that ho made." In view of a number of reasons he devised half of his lands to li.is sister Nganeko, and the remaining half of his lands and money to his two daughters Kiri Matena and Rangiwhakakohu Puhirere. Mr 3. Aubrey, on behalf of the respondents, stated that she was not aware of the existence of the will prior to its production before Judge Edgar at Ngaruawahia. They strongly objected to the will itself. As the appeal said the appellant's husband applied to her for the first will and she gave it up, but the alleged signature on the documents produced did not in any way correspond w'.th the signature on the will she had had at first. The Court: That is a matter for evidence. Addressing the Court, Wetere reiterated that tho will-produced was the true one of the deceased, aud he could call many reliable witnesses to prove it. The deceased was ill when he executed it. For their case they relied on the will he had laid before the Court. After investigation the Court announced that at present it looked as if there were an application before the Native Land Court which had never been dealt with. They would see if this was so or not, and allow the case to stand over until to-morrow morning. In St. Andrew's Hall to-night Mr. J. T. Lnwton, the travelling secretary of the A.S.C.U.. will give an address, "The Call for Men." Mr. Lawton is at present engaged in visiting the university colleges and secondary schools of Australasia, iv connection with the great student movement for Christian Union.
MUNICIPAL ELECTIONS. ——. • ' a ... AUCKLAND CITY. The nominations of candidates for the City Council are coming in somewhat slowly. To-day, however, the returning officer received the following additional nominations:— - A. J. Entrican, nominated by Hon. E. llitchelson, Messrs. F. Whitehead and J. C. Maoky. Robert Tudehope, nominated by Messrs. P. Crowe and D. Goldie. j George Tutt, nominated by Messrs F. E. Baume, M.P., O. Nicholson, J. C. -Vlacky, J. Hodgson, A. J. Fernandez, and W. Hooker. ! .. W. A. Thompson was nominated by Albert Edward Glover, Fred. E." Baume, Horace Walker. A. S. PaisselL, John McLeod, Geo. Higgins, T. O'Shea, and James W. Hooker. G-REY LYNX CITIZENS' LEAGUE. The nominations of candidates for municipal honours close to-morrow. In the Grey Lynn borough the candidates' papers are already being sent in. Messrs. E. Bewcastle, Chas. Xorgrove, G. J. Garland, J. T. Mantell, H Schofield, W. J. Holdsworth, W. H. Murray, H. G. Newdick, R. J. Entrican, and H. J. Buckley have already been nominated. Mr. Geo. Sayers is so far the only one nominated for the Mayoralty, and it seems likely that that gentleman will be returned unopposed. Mr. Byron Squire announces this evening that he trill be a candidate for a seat on the Council. The newly-formed Grey Lynn Citizens' League held its first meeting at the Richmond Hall last night, when Mr. J. M. Thomson -presided over a good attendance. Air. Hall-SkeHon, a member of the Auckland Citizens' League, addressed the meeting. He spoke of the aims of the League, and congratulated Grey Lynn on the establishment of a branch of the I_eague. The chairman stated that the affairs of the Grey Lynn Council wanted watchi ing very carefully. On his motion, Mr. ' Hall-Skelton was thanked for his address. A committee -was appointed as follows: Messrs. C. McMaster, E. C. Binns, C. Osborne, W. C. -Hutchings, H. Rhodes, ,T. Molloy, W. L. Moylaai, N. Person, V. Whitaker. Mr. J. M. Thomson was appointed chairman of committee, Mr. \V. L. Moylan secretary pro tern, and Mr. Xewdick treasurer. It wa« decided to affiliate to the Auckland League. It \va_s decided to allow the subscription to remain at 1/, members to give more if they so desired. The stum of £4 was subscribed in voluntary j contributions by those present. KBWiIAEKET. Last night's was the final meeting of the present constitution of the Newmarket Borough Council. From what can he gathered, four or five of the present Council do not intend standing at th.c approaching election, so a change in the personnel may be looked for. It seems improbable that Mr. F. Bennett ■will again contest the Mayoral Chair. Mr. Ernest Davis has been announced, and there is a report current that Mr. H. G. Clayton will contest the Chair. \ Mr. Bennett has held the office for five successive years, and has been for eleven years a member of the Council. At the j meeting last night it was moved by Councillor D. Teed that the Council should -place on record its appreciation: of the very valuable services of Mr. Bennett. The motion was seconded by Councillor A. Seccombe, and carried unani-, niously. Councillor E. Davis, when thanking the Mayor for the courtesy extended to him in the Council, said it had been a "happy little family, and that the Mayor had conducted the business tactfully. Mr. Bennett said that though the Borough was still far from up-to-date, re could say that he was leaving the Mayoral office, knowing that the Borough was in a far better condition than when he took the Chair. He hoped that one of the present Councillors would be his successor. The Town Clerk (Mr. William Hogg) thanked the Major on behalf of the staff, who, he Baid, regretted Mr. Bennett's vacation of office. DEVONPORT. Devonport residents are showing unusual interest in the approaching municipal elections, and more especially in the contest for the Mayoralty. It is understood that both candidates will address public meetings of the burgesses. The recently-formed Ratepayers' Association •have asked Mr. T. W. Cranch .to address a meeting of the ratepayers to-morrow evening.
NATIVE APPELLATE COURT., Auckland Star, Volume XL, Issue 93, 20 April 1909
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