NATIVE APPELLATE COURT.

Auckland Star, Volume XLIX, Issue 145, 19 June 1918, Page 11

NATIVE APPELLATE COURT.

3JEAB NATIVE'S ESTATE.

ADMINISTRATION. CHAI____KSKD. An appeal from a decision of the Native Land Court on March 22 last . year, appointing Maraea Topia administratrix of the estate of- Wiremu , Eokena, deceased, was heard in the Native Appellate Court, Auckland, before the Chief Judge ('Mr. Jackson . Palmer), and Judge Rawson. Mr. Hall Skelton appeared for the 1 winow of deceased, who sought to have the administratrix, Maraea Topia, removed from office. Mr. Scantlebury, instructed by Messrs. Hayes and Dar- . ling, solicitors, Dargaville, was fur Mrs. Topia. The history of the case was given at ; length, lt was set out that the widow had applied for letters of administration before the application of Airs, lopia. The widow's application had been neglected, and the appointment ot Mrs. Topia had been made without widow's knowledge. Mrs. Topia had seized £401 worth of stock off the farm and sold it. The Chief Judge said she had no legal right to do this. Counsel for appellant showed that she had left the widow and eight children destitute, as tbey were carrying on farming and ' dairying operations, and their herd and stock had been moved without notice. He intimated that Mr. Joseph Ovens, a farmer neighbour of the Rokena family had promised the deceased that he would supervise and assist the widow and family- Mr. J. C. Allen, manager of the National Bank at Paparoa, had been assisting the widow until the case was settled. Mr. HaU Skelton requested that the administratrix, Mrs. Tofia, be removed and that Mr. Joseph Ovens take the '■ office. The Chief Judge: Either the Public Trustee or Mr. Ovens - could bo appointed. ', Counsel consulted, and Mr. Ovens was acceptable to both parties. The Court made the order, and it was agreed that each party be granted £5 ■ costs. Mrs. Topia is trustee for the children of Mrs. Rokena, and it intimated .that an application to have her removed in favour of the children's own mother wa_ before the Native Land Court.