LAKEY'S ESTATE.

Auckland Star, Volume LXV, Issue 150, 27 June 1934, Page 3

LAKEY'S ESTATE.

DISPOSAL OF FARM.

LEGAL APPLICATION GRANTED

UNUSUAL PROCEDURE.

A sequel to the Ruawaro murder trial was a unique application made, and granted in chambers at the Supremo Court yesterday for letters of administration ad bona colligenda in the estate, of the late Samuel Pender Lakey. The application, which became necessary because no will of either Lakoy or his wife has been found, was made by Mr. Munro to Mr. Justice Herdman on behalf of }jr. Oliphant, solicitor, of Auckland. The Lakeye left no children, and the next-of-kin are Mr. Lakey's mother, brother and sisters. The powers obtained from the Court enable Mr. Oliphant to collect and dispose of the estate of the deceased, the farm of 110 acres at Ruawaro and the stock on it. Since the investigation ceased in the district in December last constables have been stationed on the farm, and a neighbouring settler. Mr. L. Stent, who was a witness at the trial of William Alfred Bayly, now under sentence of death for murdering the Lakeye, has been milking the cows. Under a clause of the Property Law Amendment Act, 1928, where two persons die in circumstances as the result of which there is no evidence as to which one died first, it is presumed that the elder predeceased the younger. Mrs. Lakey was about four years older than her husband, and consequently she was presumed to have died first. In the proceedings yesterday an affidavit was obtained from the deputy-registrar of the Supreme Court that there was no evidence as to which of the two Lakeys died first. The affidavit also referred to the fact that a verdict of murder had been returned asainst the person accused, William Alfred Bayly. By this means evidence of the death of Lakey \va« provided. The law invoked in the lenal argument presented is verv old. and the procedure, which is part of the English common law, i.s believed to have been in existence for several centuries. The Court has power, un.der an Encrlish Act of 1557, to grant letters of administration to any person, passing over the next-of-kin if there are special circumstances. Tn this case the next-of-kin are in England, and they have appointed Mr. Oliphant as their attorney. The procedure employed in the case was in the nature of a preliminary application very rarely employed for the purpose of dealing with an estate pending the final grant of letters of administration. The'grant made by his Honor empowers the administrator ad bona collisrenda to sell the estate and effects of the deceased, Samuel Pender Lakey, and to hold the proceeds, subject to the directions of the Court and subject to the making of a final grant.