THE MAORI WILL CASE.

Press, Volume XLV, Issue 7214, 27 November 1888, Page 6

THE MAORI WILL CASE.

JUDGMENT OF THE COUBT. [press association tktjwuam.] WELLINGTON, November 26. Mr Justice Bichmond gave judgment in the Appeal Conrt, which was unanimous, in the Maori will case. In doing so he said it might be admitted on all hands that the case made by Mrs Donnelly in f&vot of the document propounded by her as the last will and testament of her grandnnele was to be regarded with great suspicion. The Court agreed with the ChiefJustice that her case must stand or fall according to the degree of reliance which may be placed upon the testimony of the Archdeacon. After pointing out the gravity which would follow the revocation of the will in favor of Broughton. drawn tip by a solicitor and attested by Magistrates and other officials, in place of a will drawn up by Airini on half a sheet of note paper and executed by testator's mark only, the Judge went on to review the evidence, more especially that of Airini, so far as related to her reconciliation -with Senata, her procuration of friendly attestors to the will, and her concealment of this document for some time. The Court next referred to the conflict of evidence between the Archdeacon and the Maoris who were present at Senate's deathbed on the Friday after the alleged will had been made. The Court held that the Maori worde used by testator did not definitely refer to a will, and depended in their utterance too much on the ac ompanying gesture as to whe her Benata meant that the first will should be revoked in favor of Airini. Archdeacon Williams might have heard Benata in their conversation refer to the settlement of his land disputes with Airini, and it was probable Mrs Donnelly might have informed the Archdeacon of the arrangements he had come tos on the subject with her great uncle, and so mixed up in Mrs Donnelly's favor! what he heard the dying TMMi Bay.. This whole importance of what was said was contained in Benata's concluding words, "That now, under existing circumstances, I leave everything to her." The Archdeacon's introductory sentence ■was obviously in the nature ot comment, and could not be allowed to influence the Court in forming judgment of the testator's purpose. 'A he Court entertained grave doubts, however, whether Benata meant to say more than that he intended to relinquish to Airini his own claims on the Owaokoko block, the title to which was still under investigation. It was evident that at both interviews with Benata on Friday Williams heard very imperfectly. The Court thought Carroll (a perfectly disinterested witness) gave evidence somewhat opposed to that of the Archdeacon, and it appeared impossible to deny that Williams may have been mistaken in supposing Benata in this his last speech was directing that (a comparatively trifling portion of his property should be left to Broughton and people at Omaha, whilst Airini and her kindred were to succeed to the bulk of it. The Judges went on to say—"ln our reviefr of the evidence ire have laid no stress on the one hand upon the testimony of Airini and her witnesses except Archdeacon Williams, nor on fhe other hand upon that of Broughton and his witnesses except Carroll. The witnesses of the Native race on either 1 side are, many of them, interested, and they may all be suspected of partisanship. Our eummary of the evidence shows that united they form a case demanding from the defendants what had been called ' cohesive proof/ in regard to the alleged will propounded by them; to that standard tb e evidence adduced on their behalf does not in our judgment attain. The principle on which we are deciding this case makes it unnecessary to discuss the evidence of Mrs Donnelly, Teira and Te Boera, respecting the execution and attestation of the alleged wilL Over and above the intrinsic objections to their unconfirmed testimony, other doubts are raised as to the credibility of their story. We have only to add that, in our opinion, the rules which govern Courts of Probate should by no means be relaxed in cases of alleged testamentary papers executed ,by Maoris on their deathbeds. It . even may be questioned, whether, as it stands, it does not offer dangerous temptations to fraud, which it would be wise to guard against by legislation. This Court will order that bo much of the iudgment of the Supreme Court as declares that the alle. Ed will was duly executed be reversed, and that probate of tbe will of 12th ■ January, 1887, be granted to Broughton as sole executor, plaintiff to have costs of ' - appeal, also costs of the Court below on the - highest scale. . Mr Chapman gave notice of appeal to „ the Privy Council.