WILL OF WIKI KEMP.

Dominion, Volume 5, Issue 1524, 21 August 1912, Page 7

WILL OF WIKI KEMP.

» TRAVERSED IN COURT. PEOBiTE AFTER ARGUMENT. J " . i la tho Native Land Court, Wangauui, < last Friday, application was made for 1 pxobato of tho will of the lato Wiki Kemp. j Mr. Tvuadwell appeared for ttic appli- t cant, Mr. C. P. iirown for tho adopted i children, Mr. Craig' for the Lauri family ' (relatives), and Mr. Gilford Marshall for i Matenga (one of the next of kin). . t Mr.' Marshall explained that ho did not intend to take any activo part in tho proceedings, as he understood even if tho will propounded were upset there were several other trills in existonco under c which ho could claim nothing. f Mr. Treadwoll applied for probate. Tho I will was made on February 28 last, and ( left all decoa9ed's property to Walter Wil- ' liams. Ho proposed to call tho witnesses 1 to the wil to satisfy tho Court that tho 1 deceased understood it. ' Mr. Brown explained that he held a " will of prior date, under which his clionts c took the wholo estate, l'liey were not satisfied with the circumstanoes under which the latter will had been signed. Hauparoa Hiroti (licensed interpreter) ( deposed that he vent with two other ( witnesses to tho house of M'Gregor Hiroti ' M'Gregor, and read the will over to ( tho deceased, and asked if sho understood i it. - She answered "Yes." While he was i filling up the blanks in the will ho lieard c the deceased ask Koss what about her children. Koss then asked her what sho ] wanted. She replied that sho wanted ' Walter to- taker care of them. He did I hot hear what Eoxs said. Ho,thought, that sho was quite competent to manage her own effaiis. In cross-examination, witness stated that Wiki Kemp did not suggest that tho will i should be altered. Sho was physically. ' weak. '' ' ' George Boss, solicitor's_ clerk, stated- ( that lie received' instructions from deceased on February 27 to mako a will in favour of Walter. He prepared tho will, . and went up next day to Mrs. M'Gregor's house with Hiroti and Mr. J. L. Steven- ' son. Hiroti read tho will, and explained it. Before signed, Wiki said; "What about Coo and Willie?" Ho said, "Well, : Wiki, what do you want Walter to do?" ' She replied, "I want Walter to look after them." He replied that Walter would carry otit her wishes.- Walter was then , at Waitara. , , In cross-examination witness denied that Walter had "bothered" Wiki Kemp about making a wilt. Jlr. Brown: Why did you -not alter the ■ will to express the deceased's wishes? , Witness: It was not suggested. Mr. Brown: You were acting as a solicitor, Mr. Koss. Don't you think it was your duty, when Wiki said that' sho ; wanted the children looked after, to alter the will? " " • Witness: No, certainly not. Wiki had implicit confidence'in Walter. Cross-examined by Mr. Craig, witness said that Wiki Kemp's health had not been good, but she was capable of look- : ing alter her affairs. He had asked a doctor to attend and witness the will, but he had not done so. James L. Stevenson, licensed interpreter and J.P., corroborated the previous 'wit--1 nessesl He did not hear the conversation between Wiki and Boss. • Mr. Treadwell intimated that, whether ; he Was'legally bo\md to do so or not, i his client intended to make ample provision for both children. There were legal difficulties in the way, but he suggested that Mr. Brown and he should confer, and see what provision was proBrown said that his object had been to show that Wiki Kemp really meant to benefit, her children, and that had been accomplished. He would await Mr. Treadwell's offeir, but meantime he reserved the rijjht to apply to the Court for proper provision. Mr. Craig said that his clients claimed an interest in the deceased's lands from ; . a tribal point of view. They represented 'To Mawae and Hofi Kingi, who had consouted to the tribal mnna goin' to Major TComp. They claimed" thai'it should now : revert to the tribe. Mr. Treadwell said that a similar claim i had lie-en. made in 1901 against the de- i coased, and the matter had been litigated : in that Court. The decision was against tho claim." ' Probate: was granted, subject to the question of provision for tho adopted . childron.