CLAIM TO NATIVE ESTATE

Press, Volume LXXIII, Issue 22201, 18 September 1937, Page 5

CLAIM TO NATIVE ESTATE

♦ HEARING IN COURT OF APPEAL STATUS OF APPELLANT SOUGHT (press association telioram.s WELLINGTON. September 17. The Court of Appeal was engaged today in the hearing of a claim to an estate consisting of native lands valued at approximately £IO,OOO. Proceedings were taken in the Supreme Court last year on behalf of the next-of-kin i nephews and nieces) of Teo Tipene, deceased, for a declaratory judgment as to the status of the appellant. Robert Victor Tipene (otherwise known as Le Sueur), of Wellington, a labourer, who claims to be the adopted son of deceased. When Teo Tipene died ho left no natural children surviving, ana if the appellant is in law his adopted son. then he would be entitled to succeed to the whole estate. Mr Justice Reed, before whom the case was heard, made declarations, ta) That an order of adoption of the appellant by Teo Tipene and Meri Tipene purporting to have been made orall> by the Magistrate at Wellington m 1900. was invalid, as an adoption order under the Adoption of Children Act. 1895; and (b) that, in law. Teo Tipene and' Meri Tipene were not on any relevant date husband and wife within the meaning of that act. The appellant is appealing against those declarations on the ground that they are erroneous in law and fact. Respondent in the case is Tutua Teono, of Waiwhetu. a native. After legal argument the case was adjourned ‘ till 10.30 a.m. on Monday. _________