AN INTERSTING WILL CASE.

Evening Post, Volume LXVIII, Issue 129, 28 November 1904, Page 6

AN INTERSTING WILL CASE.

Judgment was delivered by Judge Johnson, of the Native Land Court, to-day, in the case in which application was made by Mr. John Thompson, as executor, for probate of the will of the late Mrs. Hannah Field, of Paraparaumu. The application was opposed by Mr. Wilford, on behalf of Mrs. Ereui Jepson and others, claiming to be next of kin, on the following grounds: (1) That the deceased, who was a half-caste, was a Maori within the interpretation of the statute, and was so prohibited by the Maori Lands Administration Act, 1900, from making alienation of lands by will ; (2) that the execution of the will was faulty ; (3) that undue influence was exercised by Mr. John Field, which resulted in the excision -of Mrs. Jeps.on's name from the will ; (4) that provision required to be made in terms of section 46 of the Native Land .Court Act, 1894, for .certain next of kin to the deceased, who had not sufficient land for their support. As to the first ground, the Court was of opinion that natives still had the right to devise lands which were not subject to general restrictions against alienation. As to the second ground, fhe Court held that the first execution of the will was good, and that the re-execution was not really necessary. In regard to the third objection, the Court refused to believe that undue influence had been exercised by Mr. John Field. As to the fourth ground, the Court made an order dividing a block of 102 acres near Waikanae between Haua Tutere (54 acres), Hua te Rohe (24 acres j, and Mere te Rohe (24 acres). Probate of the will was granted to Mr. J. Thompson limited by the three succession orders just mentioned ; Mr. Thompson to enter into a bond for £3000 to execute his trust. Mr. Wilford gave notice of appeal. Mr. D. M. Findlay appeared for the executor, and Messrs. Weston, Treadwell, Tripp, and Hadfield for various beneficiaries. Mr. Weston, on behalf of the solicitors who had been engaged in the cass, thanked the Court for the manner in which it had discharged its duties.