COURT OF APPEAL

Evening Post, Volume XCVIII, Issue 71, 22 September 1919, Page 8

COURT OF APPEAL

JUDGMENT IN NATIVE LEASE CASE.

A sitting of the Court of Appeal, First Division, was held this morning, on the Bench being the Chief Justice (Sir Robert Stout), Mr. Justice Sim, and Mr. Justice Herdman. Reserved decision was given in the case of Bevan v. Bevan, an appeal from a judgment delivered by Mr. Justice Stringer in August, 7918. The dispute, a family one, was connected with certain Native lands. Hannah Bevan, a half-caste Maori, was the registered proprietress of 140 acres in the Waitohu Survey District, and her husband,, Thomas Bevan, was the registered proprietor of 62 acres in the same district, and, in addition, owned lands transferred to him by Hakaraia te Whena. The lands of the husband and wife were separated by other areas owned by Natives, the greater part being leased by Thomas Bevan. In 1908 the Bevans leased nearly 123 acres of the wife's property and all of the husband's lands to a son, Edward Bevan, for £150 a year. The latter died in 1911, and bequeathed all his property to his father and his own wife, Ellen Bevan, upon certain trusts for the latter and children. The will was proved in 1913, and the estate was vested in the Public Trustee. Hannah Bevan, who died in 1912, devised all her lands to two of her sons, William Bevan and Richard Bevan, the plaintiffs in the action, but on application being made to the Native Land Court for probate of the will, the other children alleged that undue influence had been used in procuring Hannah Bevan to make the will. Negotiations, however, /resulted' in a settlement under which William and Richard Bevan agreed to pay in full all debts owing by the late Edward Bevan or1 his estate to Thomas Bevan, jun., Robert Bevan, and George Bevan, and to purchase from the Public Trustee the lease held by the late Edward Bevan from Thomas Bevan, sen., and Hannah Bevan. There were also other conditions, including the payment of £300 to Ellen Bevan. When William Bevan was pressed to complete the agreement, he contended that he and his brother Richard had entered upon it in the belief that the amount of Edward Bevan's debt to George Bevan was only £80, whereas George then claimed £300. They then sought to have the agreement set aside, but Mr. Justice Stringer held that it was valid. Mr. Justice Stringer held also that the amount of rent payable by William and Richard Bevan for the land leased from Hannah and Thomas Bevan ought to be readjusted by ascertaining the Government valuation in 1911, and also that William and Richard Bevan had no rights against Robert Bevan under the terms of the lease in respect to land purchased by the latter from Hakaraia te Wheria. The judgment of the Court to-day was that the appeal should be dismissed, with cost© on the lowest scale, as from a distance, certain further references in the matter to be made to the Valuer-General. At the hearing Mr. C. H. Treadwell appeared for the appellants, and Mr. M. Myers for the respondents.