£95,000 ESTATE

Press, Volume LXXII, Issue 21746, 31 March 1936, Page 7

£95,000 ESTATE

MAORI GIRL'S CLAIM

ACTION IN THE SUPREME

COURT

TERMS OF FATHER'S WILL

(PRESS ASSOCIATION TELEOKAM.) AUCKLAND, March 30. Whether a Maori girl 19 years of age was entitled now to a sum of £95,000 under her father's settlement was the subject of a legal action begun before Mr Justice Callan in the Supreme Court. The father's estate consisted chiefly of Hawke's Bay land. The action was brought by the New Zealand Insurance Company, Ltd.. and Mrs Raukura Jury, of Auckland, guardians of the property of Reremoana Minnie Herehoma, who claims the estate. The plaintiffs were represented by Mr North and Mr Mitchell. The defendants were the Public Trustee (Mr Stanton), and Algernon Instone Rainbow, of Hastings, public accountant; David Fidelis Scannell, of Hastings, solicitor; Mrs Ngahina Tuohu Gillies, as administratrix of the estate of the late Joseph Gillies, of Waimarama, Hastings, sheep farmer; John Robert Tipping, of Hastings, bank clerk; and Patrick Alexander Tipping, of Wellington, bank clerk. Mr A. H. Johnstone, K.C.. and Mr Bates of Hastings, appeared for the defendants other than the Public Trustee. The plaintiffs contended that the power of appointment in the will of Te Raro Te Rangikatuakina Herehoma, late of Hastings, father of Reremoana Minnie Herehoma, was not validly exercised, and that therefore she was absolutely entitled to the fund. The defendants submitted that the power of appointment was validly exercised, and that the fund therefore went to her only subject to certain contingencies and directions laid down in the will. Plaintiffs' Request The plaintiffs asked that an order be made determining that Reremoana Minnie Herehoma was absolutely entitled to the settled funds, and that accounts be taken and enquiries made as to the administration of the estate. M North said the plaintiffs asked for an order that Reremoana was entitled to certain funds, which had grown from £62,000 to approximately £95,000. Her father, Herehoma, in his lifetime made an earlier settlement dated 1909, under which he transferred £25,000 to the Public Trustee, said Mr North. That £25,000 had been blended with the unsettled estate and now formed part of it. He made a further settlement now worth £95,000, and in addition there was an unsettled estate valued at about £40,000. Mr Johnstone said the trustees desired to abide by the order of the court; but nevertheless they wished to be heard. The estate was a valuable one, and there might be other claimants. He did not know that the findings of the registrar were at all conclusive. Under the provisions of the will, Reremoana's obtaining her interest in it was contingent upon her attaining the age of 21 or marrying under that age. There remained the question whether the testator had power to impose such conditions. Counsel submitted that there had been no excessive exercise of power at all. The hearing was adjourned.