WILL UPHELD.

Auckland Star, Volume LXIV, Issue 134, 9 June 1933, Page 11

WILL UPHELD.

MAORI CHIEFTAINESS.

PREVIOUS PROTECTION ORDER

CONFLICTING- EVIDENCE.

{From Our Own Correspondent) TE K.UITI, Thursday. Litigation concerning a Maori woman's will was heard in the Native Land Court before Judge MacCormick to-day, when the Native Trustee applied for letters of administration of the will of Margaret Grace, otherwise known as Makarite te Hinewai. A similar application was made on behalf of Merc Te Amohanga, a co-trustee under a second will. Mr. Mackereev appeared for the Native Trustee, and 'Mr. F. O. P. phillipe for Mere Te Amohanga, while Mr. A. B. Mossman opposed the will on behalf of three beneficiaries. Mr. Mackersey said Margaret Grace was the widow of William Henry Grace, tif Kihikihi, a well-known native interpreter, native agent and representative of the Government in the early days after the Waikato War. She was also a cliieftainess of high, rank and a close relation of the famous Orakau chief Kcwi Maniapoto. A considerable amount of wealth wad involved in the will. The beneficiaries comprised 16 grandchildren and six orphan great-grandchildren. The grounds of opposition were lack of testamentary capacity and alleged undue influence. The chief witness in support of the will, Gabriel Elliott, native agent, said he was aware of the existence of. a protection order tinder the Aged aud Infirm Persons Act made by the Supreme Court in July, 1930, vesting the management and control of Mrs. Grace's affairs in the district Public Trustee. The order was made without the knowledge or sanction of Mrs. Grace. "When noticed of it, Mrs, Grace was much perturbed. She indignantly resented it, .ind finally gave instruction to a solicitor to file a motion of rescission of the order of trusteeship. Later she expressed a desire to make a will, and instructed witness to draw it up on her behalf. He, being in doubt as to the legal posit ion, consulted several solicitors, and was given conflicting opinions. Later be proceeded to the residence of Mrs. Craee, in company with two doctors, a clergyman and a native interpreter, and the will was drawn up and executed in their presence. In reply to Mr. Mossman, witness said Mrs. Grace dictated the terms of the will to him in English. All the conversation between himself and deceased was in the English language, so that the two doctors present could satisfy themselves as to Mrs. Grace's ability to testify. It was not correct that any of the beneficiaries, were present, or in the room at tho time. Mere Te Amohanga, one of the beneficiaries, who was employed by the Public Trustee to nurse Mrs. Grace, camo into the room several times to attend to the patient while the doctors were present, but left the room before the will was discussed. Dr. L. S. Rogers, of Te Awamutu, said that on September 12 of last year lie and Dr. Hiskins examined Mrs. Grace and applied tests of memory. They were both satisfied that Mrs. Grace was mentally and physically capable of making her will. At Mr. Elliott's request both doctors remained in the room while the will was being executed. The only others present were Mr. Elliott and the two attesting witnesses, a clergyman and native interpreter. Witness was quite satisfied Mrs. Grace had a clear grasp of her affairs and distributed her property without influence from anybody. He was aware that another doctor had given an adverse certificate at the time the protection order was made. That, however, was twelve months before the patient's health had considerably improved. After further evidence by two licensed interpreters was given in support of the will, Mr. Mossman intimated his intention to refrain from prolonging the case with rebutting evidence. He admitted that neither "lack of capacity" nor "undue influence" could be sustained. However, he said that in view of the circumstances of the case it was felt to he a duty to test the validity of the will. , . ' ! The Court agreed that the circumstances were unique, and Mr. Mossman was allowed the sum of £15 15/ costs. A dual application was then argued for trusteeship. The will nominated the Public Trustee and Mere Te Amohanga as co-tru6tees. Mr. Mackersey asked for an absolute order in favour of the Native Trustee, and Mr. Phillips that the terms of the will be sustained, or, as an alternative, that Mere Te Amohanga be appointed trustee for the homestead and furniture, and the Native Trustee for the rest of the estate. Decision was reserved.